Summary
The court recommends dismissing Nathuram Babalya Mane’s case without prejudice because he failed to serve the defendant within the court-ordered period and did not show good cause. The recommendation relies on Federal Rule of Civil Procedure 4(m), cancels the scheduled conference, and provides fourteen days for objections.
Holdings
- When a plaintiff fails to serve a defendant within the time required by Federal Rule of Civil Procedure 4(m), fails to comply with a court order setting a service deadline, and does not show good cause, dismissal without prejudice is warranted.
Questions Presented
- Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to serve Defendant within the court-ordered period and did not show good cause.
Disposition
other
Cases Cited (2)
- Thomas v. Arn, 474 U.S. 140, 147-49 (1985)(followed)
- Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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