Cobey Lakemper v. Ronnie Huneycutt, et al.

Summary

The United States District Court for the Western District of North Carolina overruled Cobey Lakemper’s objections to a magistrate judge’s recommendation concerning service of process on Defendant Jennifer Bruce. The court denied an extension of time and dismissed the action without prejudice as to Bruce under Federal Rule of Civil Procedure 4(m), concluding that the U.S. Marshals Service had made reasonable efforts to locate and serve her.

Holdings

1. The plaintiff failed to establish good cause for failing to serve Bruce.
2. The plaintiff was not entitled to an extension of the service deadline.
3. The district court properly applied de novo review to the plaintiff's specific objections and accepted the magistrate judge's recommendation.

Questions Presented

1. Whether the plaintiff established good cause for failing to serve Defendant Jennifer Bruce within the period prescribed by Federal Rule of Civil Procedure 4(m).
2. Whether the court should grant the plaintiff additional time to serve Bruce based on the U.S. Marshals Service's unsuccessful service efforts.
3. Whether Bruce should be dismissed without prejudice under Rule 4(m).

Disposition

dismissed