Pankaj J. Patel v. Kristi Noem, Secretary DHS, et al.

Summary

This Report and Recommendation addresses the pro se plaintiff's failure to serve the defendants within the period required by Federal Rule of Civil Procedure 4(m) and failure to respond to a show-cause order. The magistrate judge recommends dismissal without prejudice under Rule 4(m), and alternatively notes the court's authority to dismiss for failure to prosecute under Rule 41(b).

Holdings

1. Because Defendants were not served within the period prescribed by Rule 4(m) and Plaintiff made no showing of good cause, dismissal without prejudice was warranted and should be recommended to the district judge.
2. Plaintiff's failure to respond to the show-cause order and failure to prosecute also supported dismissal under the court's inherent docket-management authority and Rule 41(b).

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to serve the defendants within the ninety-day period required by Federal Rule of Civil Procedure 4(m).
2. Whether Plaintiff's failure to respond to the show-cause order and failure to prosecute independently supported dismissal under Federal Rule of Civil Procedure 41(b).

Disposition

remanded