Summary
The magistrate judge recommends dismissing Plaintiff Haoying Zhang’s claims without prejudice because he failed to serve the defendants within the applicable deadline. The recommendation follows a prior order extending the service deadline and warning that failure to comply could result in dismissal.
Holdings
- Because plaintiff failed to serve defendants by the applicable deadline and continued to fail to do so after a court-ordered extension and warning, dismissal without prejudice for failure to effect service was recommended.
Questions Presented
- Whether the action should be dismissed without prejudice because plaintiff failed to serve the defendants within the time required by Federal Rule of Civil Procedure 4(m), including after receiving a court-ordered extension and warning.
Disposition
other
Cases Cited (4)
- Drgac v. Treon, No. CIV.A. H-07-4283, 2008 WL 4746984, at *1 (S.D. Tex. Oct. 27, 2008)(followed)
- Lindsey v. U.S. R.R. Retirement Bd., 101 F.3d 444, 446 (5th Cir. 1996)(followed)
- Kersh v. Derozier, 851 F.2d 1509, 1512 (5th Cir. 1988)(followed)
- Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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