Opinion
C23-729RSM
10-10-2023
TERRY EZELL, Plaintiff, v. SHAWNA MCCANN, Defendant.
ORDER DENYING SECOND MOTION TO EXTEND TIME FOR SERVICE
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
This matter comes before the Court on Plaintiff Terry Ezell's “Amended Motion to Extend the Time for Service,” Dkt. #22. Mr. Ezell filed a Motion to Extend Time for Service on October 4, 2023. Dkt. #20. The Court denied that Motion. Dkt. #21. As the Court understands it, Mr. Ezell filed the instant Motion after his first Motion but prior to receiving the Court's Order. He states now that he “became aware after the filing of his motion... that the deadline to serve under Rule 4(m) was Amended to 90 days.” Dkt. #22 at 1. Mr. Ezell asks for more time and announces that he has now sent copies of the summons and complaint to the United States Attorney, and the Attorney General, as well as Defendant McCann. Id. at 2.
This case was closed on October 3, 2023. Dkt. #19. Plaintiff's claims were dismissed without prejudice. The Court has previously explained why an extension of the time for service is not warranted under the facts of this case. See Dkt. #21. Nothing in the instant Motion alters the Court's analysis. Untimely service of Defendants will not reopen this case.
Accordingly, the Court hereby finds and ORDERS that Plaintiff's Amended Motion to Extend the Time for Service, Dkt. #22, is DENIED. This case remains CLOSED. The Court DIRECTS the clerk to send copies of this Order to Plaintiff at his current address of record AND to the address listed in his latest filing:
Terry L. Ezell #35187-086 Federal Correctional Institution P.O. Box 5000 Sheridan, OR 97378