Opinion
Case No. C-2-00-00503
January 9, 2002
ORDER
Plaintiff's attempt to show cause for failing to timely serve defendant with a copy of his complaint consists of two brief letters, one of which states that plaintiff has difficulties dealing with stress, and another tat states he assumed documents sent to the Court but not returned were sent to defendant. The Court finds plaintiff's explanations to be insufficient. As for plaintiff's letter concerning stress, the truth is that litigation is demanding and stressful. That basic truth cannot be avoided. As for his other letter, plaintiff's pro se status and unfamiliarity with the Federal Rules of Civil Procedure do not excuse his complete failure to serve the complaint on defendant. The Court therefore dismisses this action without prejudice for failure of timely service. Fed.R.Civ.P. 4(m).
The Clerk shall enter a final judgment in favor of defendant, and against plaintiff, dismissing this action without prejudice.
IT IS SO ORDERED.