Haoying Zhang v. Bitfeifan Technology Co., Inc., et al.

Zhang · United States District Court for the Southern District of Texas, Houston Division · January 27, 2026 · No. 4:25-cv-04468

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

  1. 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

  1. 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.

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