Givens v. Bryson

Full title: DERMOT D. GIVENS, Plaintiff, v. E. BRENT BRYSON, Defendant

Court: United States District Court, D. Nevada

Date published: Aug 17, 2011

2:11-CV-20 JCM (GWF) (D. Nev. Aug. 17, 2011)

Opinion

2:11-CV-20 JCM (GWF).

August 17, 2011

ORDER

JAMES MAHAN, District Judge

Presently before the court is the matter of Givens v. Bryson (Case No. 2:11-cv-00020-JCM-GWF).

Federal Rule of Civil Procedure 4(m) provides: "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."

Plaintiff filed the complaint on January 14, 2011. (Doc. #1). Pursuant to Federal Rule of Civil Procedure 4(m), on July 12, 2011, the clerk of the court provided notice to the plaintiff that the action would be dismissed as to defendant E. Brent Bryson, if plaintiff did not file proof of service of process by August 11, 2011. (Doc. #8).

To date, plaintiff has failed to file proof of service with the court as to defendant E. Brent Bryson.

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case be, and the same hereby is, DISMISSED without prejudice.