Opinion
Case No. 05-21120-CIV-GRAHAM.
August 30, 2005
ORDER
THIS CAUSE came before the Court sua sponte. THE COURT has reviewed the file, the pertinent portions of the record, and is otherwise fully advised in the premises.
The Plaintiff commenced this action on April 25, 2005. On June 10, 2005, the Court entered an Order requiring that service of process upon the defendant be effectuated within 120 days as set forth in the Federal Rules of Civil Procedure. The Court's Order specifically stated that "failure to serve Defendant within the 120 day time period shall be cause for a sua sponte dismissal of this action." On August 9, 2005, the Court entered a second order reminding the plaintiff that the action would become subject to a sua sponte dismissal unless service of process was accomplished by August 23, 2005.
To date, the plaintiff has not accomplished service of process upon the defendant. Accordingly, it is
ORDERED AND ADJUDGED that this Cause is hereby DISMISSED for failure to perfect service of process within the requisite time period. It is further
ORDERED AND ADJUDGED that this case is CLOSED and all pending motions are DENIED as MOOT.