Wal Mabor Tienjeng v. Internal Revenue Service

Summary

A magistrate judge recommends that the pro se plaintiff's action against the Internal Revenue Service be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) for failure to timely serve process. The recommendation explains the plaintiff's responsibility to effect service and advises that objections may be filed within fourteen days.

Holdings

1. Because Plaintiff did not serve the Internal Revenue Service within the time allowed by Rule 4(m), and the record did not show good cause for the failure, dismissal without prejudice was warranted and recommended.
2. Plaintiff's pro se status did not excuse compliance with the procedural rules governing service of process.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to timely serve the Internal Revenue Service.
2. Whether Plaintiff's pro se status excused his failure to comply with the service-of-process requirements.
3. Whether Plaintiff should be afforded additional time to serve Defendant based on good cause.

Disposition

other