Opinion
Case No. 8:10-cv-830-T-33TBM.
August 5, 2010
ORDER
This matter is before the Court pursuant to Defendant Sergeant Donald Smith's Motion to Dismiss Plaintiff's Complaint for Failure to Serve (Doc. # 20), filed on July 15, 2010. The Motion seeks dismissal of Plaintiff's complaint without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, as Plaintiff failed to effect service of process on Sergeant Smith and the time to do so under the Federal Rules of Civil Procedure has elapsed.
Plaintiff failed to file a timely response in opposition to the Motion, and accordingly, the Court considers the Motion as an unopposed motion.
Upon due consideration of the Motion and the record before the Court, the Court grants the Motion as unopposed.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
GRANTED. DISMISSED WITHOUT PREJUDICE.
(1) Defendant Sergeant Donald Smith's Motion to Dismiss Plaintiff's Complaint for Failure to Serve (Doc. # 20) is (2) Plaintiff's claims against Defendant Sergeant Donald Smith are (3) This action shall remain pending against the remaining Defendant, Robert C. Washburn, only. DONE and ORDERED in Chambers, in Tampa, Florida.