Opinion
Civil Action Cause Number 2:04-CV-320-J.
July 5, 2005
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND FOR ADDITIONAL TIME TO PERFECT SERVICE, AND DISMISSING CASE
Before the Court is Plaintiff Juan Rubio's motion, filed June 24, 2005, "for a continuance based upon appointment of counsel denial" and again requesting appointment of an attorney.
This case was filed on December 1, 2004. On April 21, 2005, Plaintiff was ordered to show cause within twenty days why this case should not be dismissed because of his failure to perfect service of process within the 120 days required by Fed.R.Civ.Pro. 4(m). In the interests of justice and upon Plaintiff's motion he was given on May 11, 2005, an additional forty-five (45) days to perfect service. That extended time period expired on June 24, 2005.
Plaintiff's earlier motion for appointment of counsel was denied by order entered on January 19, 2005. No grounds were offered, or have now been offered, that would justify appointment of counsel for Plaintiff Rubio.
Good cause having not been shown for Plaintiff's failure to properly perfect service within the extended time allowed by the Court, pursuant to Rule 4 (m) this case is hereby dismissed without prejudice for failure to timely prefect service of process.
It is SO ORDERED.