Summary
The court grants Plaintiff William Knight, II’s motion for an additional twenty days to serve Defendant Correctional Officer Ronald Smith. Applying Federal Rule of Civil Procedure 4(m) and Fourth Circuit precedent, the court concludes that an extension is appropriate even without a showing of good cause.
Holdings
- Under Federal Rule of Civil Procedure 4(m), a district court has discretion to extend the time for service even when the plaintiff has not shown good cause; if good cause is shown, the court must grant an appropriate extension.
- An enlargement of the service period was appropriate, and plaintiff was granted an additional twenty days to serve defendant.
Questions Presented
- Whether the district court may extend the time for service under Federal Rule of Civil Procedure 4(m) without a showing of good cause.
- Whether an additional twenty days should be granted for service in this case.
Disposition
other
Cases Cited (5)
- Henderson v. United States, 517 U.S. 654, 658 (1996)(followed)
- Giacomo-Tano v. Levine, 199 F.3d 1327, 1999 WL 976481, *1 (4th Cir. Oct. 27, 1999)(followed)
- Scruggs v. Spartanburg Regional Medical Center, 198 F.3d 237, 1999 WL 957698, *2 (4th Cir. Oct. 19, 1999)(followed)
- Gelin v. Shuman, 35 F.4th 212, 219-20 (4th Cir. 2022)(followed)
- Mendez(overruled_authority)
Cited In (0)
No citing cases on record yet.
Court Document
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