Opinion
No. 04 CV 8214 (HB).
July 25, 2005
Memorandum and Order
A review of the Court records indicates that the complaint in this action was filed on OCTOBER 19, 2004, and that there is no proof of service of the summons and complaint on file. Rule 4 (m) of the Federal Rules of Civil Procedure provides:
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice, as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period.
On the Court's own motion, the above entitled action is dismissed without prejudice for the failure of plaintiff not having complied with Rule 4(m) of the Federal Rules of Civil Procedure.