Opinion
CIVIL ACTION NO. H-08-1365.
September 23, 2008
ORDER
Service of this action, filed on May 2, 2008, has not been effected. Federal Rule of Civil Procedure 4(m) provides in part:
If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
In accordance with this rule, it is ORDERED that plaintiff file proof that she has effected service no later than October 3, 2008. Failure to do so may lead to dismissal of this action without prejudice. The initial pretrial and scheduling conference set for September 26, 2008 is canceled, and will be reset, is appropriate, once proof of service has been filed.