Andre Tharpe and Katelynn Parrish v. United States of America d/b/a United States Postal Service, John Doe I and John Doe II

Summary

The United States District Court for the Western District of Tennessee orders Plaintiffs Andre Tharpe and Katelynn Parrish to show cause why their Federal Tort Claims Act action should not be dismissed without prejudice for failure to serve Defendants within the 90-day period required by Federal Rule of Civil Procedure 4(m). The response is due by June 30, 2026, and failure to respond will be deemed grounds for dismissal.

Holdings

1. Federal Rule of Civil Procedure 4(c)(1) requires a plaintiff to serve each defendant with a summons and a copy of the complaint within 90 days after filing the complaint.
2. When a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice or order service within a specified time, subject to the plaintiff's showing of good cause for the failure to serve.
3. Unless service is waived, proof of service must be filed with the court.

Questions Presented

1. Whether plaintiffs failed to demonstrate that defendants were served with the summons and complaint within 90 days after the complaint was filed.
2. Whether plaintiffs should be required to show cause why the action should not be dismissed without prejudice under Federal Rule of Civil Procedure 4(m).

Disposition

other