Opinion
Civil Action No. 1:12-cv-626
01-15-2013
WILLIE SMITH, Plaintiff, v. JOSEPH EUTON, Defendant.
Judge Timothy S. Black
ORDER OF DISMISSAL
More than 120 days have passed since the complaint was filed in this civil action. (Doc. 1). Pursuant to Fed. R. Civ. P. 4(m), "[i]f a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court . . . shall dismiss the action without prejudice as to that defendant." On December 31, 2012, Plaintiff was ordered to show why the complaint should not be dismissed for failure of service of process. (Doc. 6). Plaintiff failed to do so. Accordingly, it is hereby ORDERED that this civil action is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED
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Timothy S. Black
United States District Judge