Kevin D. Askey v. City of Ft. Worth, et al.

Summary

The document is a magistrate judge’s Findings, Conclusions, and Recommendation in Askey v. City of Fort Worth, et al. The magistrate judge recommends dismissal without prejudice under Federal Rules of Civil Procedure 4(m) and 41(b) because the plaintiff failed to return service forms, comply with court orders, and prosecute the action.

Holdings

1. The action was subject to sua sponte dismissal without prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to comply with the Court's order to return the summons forms and failed to prosecute his case.
2. Dismissal without prejudice was warranted under Federal Rule of Civil Procedure 4(m) because the ninety-day period for effecting service had expired and Plaintiff had not completed the required steps to permit service.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the Court's orders.
2. Whether dismissal was warranted under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to effect service within the applicable ninety-day period.

Disposition

other