Opinion
8:23-cv-804-CEH-NHA
02-02-2024
RANDY HOLTON, Plaintiff, v. COLLIER COUNTY CODE ENFORCEMENT, Defendant.
ORDER
Charlene Edwards Honeywell, United States District Judge.
This matter comes before the Court sua sponte. On August 15, 2023, Plaintiff Randy Holton filed a Unilateral Proposed Consent to Trial by U.S. Magistrate Judge. Doc. 5. Pursuant to Fed.R.Civ.P. 73(b)(1), the Parties may file a statement consenting to referral to a magistrate judge “only if all parties have consented to the referral.” Accordingly, Plaintiff's unilateral proposed consent (Doc. 5) is hereby STRICKEN.
Further, the Federal Rules of Civil Procedure provide that: “[i]f a defendant is not served within 90 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 against that defendant or order that service be made within a specified time.” Fed.R.Civ.P. 4(m). Plaintiff filed his complaint in this matter on April 19, 2023. See Doc. 1. Now, well over 90 days later, the record lacks any indication that Plaintiff served the defendant in this matter within the time prescribed by Rule 4(m). If Plaintiff has in fact served the defendant, his failure to file proof of service ignores the Middle District of Florida's Local Rules. See M.D. Fla. R. 1.10(a) (proof of service must be filed within 21 days).
Accordingly, it is ORDERED that Plaintiff must SHOW CAUSE by a written response filed within TWENTY-ONE (21) DAYS of the date of this order indicating why the Court should not dismiss Plaintiff's claims, without prejudice, for failing to timely effect service. Failure to respond will result in the dismissal of Plaintiff's claims, without prejudice, without further notice.
DONE and ORDERED.