Opinion
Case No. 09-CV-14045.
April 6, 2010
ORDER DISMISSING MARCH 22, 2010 ORDER TO SHOW CAUSE (# 8) AND EXTENDING TIME FOR SERVICE THROUGH MAY 7, 2010
Plaintiff Anthony Ellis, appearing pro per and in forma pauperis, was ordered to show cause by April 5, 2010, why his Title VII employment discrimination claims should not be dismissed for lack of prosecution. Ellis filed his complaint on October 13, 2009. A proof of service has not been filed. By Rule, service was to be accomplished by February 13, 2010. See Fed.R.Civ.P. 4(m).
Ellis filed a timely response on April 5, 2010. Ellis explains that he only recently discovered a valid address for service upon defendant Penske Logistics. Ellis asks the court for an extension of time to accomplish service.
The court is authorized to grant Ellis additional time to serve the defendant. Fed.R.Civ.P. 4(m). Ellis has shown cause for granting an extension of time to accomplish service. Accordingly,
IT IS ORDERED that the court's March 22, 2010 show cause order is hereby DISMISSED. Ellis' request for an extension of time to serve the defendant is hereby GRANTED, to the extent that Ellis SHALL serve defendant Penske Logistics on or before May 7, 2010.
SO ORDERED.