Opinion
Case No. 04-4139-JAR.
January 21, 2005
NOTICE FOR PLAINTIFF TO SERVE DEFENDANT
Plaintiff filed his complaint in this case (Doc. 1) on October 20, 2004. The record does not reflect that service of summons or the complaint has been accomplished on defendant. Fed.R.Civ.P. 4(m) provides:
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period.
Plaintiff is hereby notified that he must properly serve defendant on or before February 17, 2005, in order for service in this case to be effective. If service is not made by this date, plaintiff's case will be dismissed on February 18, 2005. IT IS THEREFORE BY THE COURT ORDERED that plaintiff is on notice that he must properly serve the defendants in this case by February 17, 2005, or this case will be dismissed.