NUZUM v. SALLIE MAE SERVICING CORPORATION

Full title: HERSHEL RODNEY NUZUM, Plaintiff, v. SALLIE MAE SERVICING CORPORATION…

Court: United States District Court, D. Nebraska

Date published: Dec 6, 2005

8:05cv406 (D. Neb. Dec. 6, 2005)

Opinion

8:05cv406.

December 6, 2005

MEMORANDUM AND ORDER

RICHARD KOPF, District Judge

This matter is before the court on filing nos. 9 and 10, the Motion to Repeal the Higher Educational Act of 1965 and Motion for a Hearing, filed by the plaintiff, Hershel Rodney Nuzum. The motions are denied.

This court is not empowered to repeal the Higher Educational Act of 1965. In addition, the Motion for A Hearing is premature, as the plaintiff has not yet accomplished service of process on the defendant. The plaintiff is reminded that Fed.R.Civ.P. 4(m) requires service of process on a defendant within 120 days of the filing of the original complaint. Failure to meet that deadline can lead to dismissal of the case.

SO ORDERED.