Rex S. Gunther v. Patty Washburn, et al.

Summary

The court addresses service of process after plaintiff paid the full filing fee in a civil action. The order describes three service options, requires service within the applicable deadline, and warns that failure to timely serve defendants may result in dismissal without prejudice.

Holdings

1. Because plaintiff paid the full filing fee, plaintiff—not the court or the United States Marshals Service—was responsible for effecting service on defendants under Federal Rule of Civil Procedure 4.
2. The court has discretion to grant or deny a request under Federal Rule of Civil Procedure 4(c)(3) for service by a United States marshal, deputy marshal, or specially appointed person, and plaintiff must show good cause for such relief.
3. Plaintiff was required to effect service no later than 90 days after the complaint was filed or 30 days after the order, whichever was later; absent good cause, failure to timely serve would result in dismissal of the claims against the unserved defendants without prejudice.

Questions Presented

1. Who was responsible for serving defendants after plaintiff paid the full filing fee?
2. What methods could plaintiff use to effect service under Federal Rule of Civil Procedure 4?
3. What showing was required for court-authorized service by a United States marshal or other specially appointed person?
4. What deadline governed service, and what consequence would follow from an untimely failure to serve?

Disposition

other