Opinion
3:23-cv-239-KAP
10-13-2023
DAVID R. KAUFFMAN, Plaintiff v. BARRY SMITH, et al., Defendants
MEMORANDUM ORDER
Keith A. Pesto, United States Magistrate Judge
Plaintiff is not proceeding in forma pauperis, so he must serve the defendants. As provided in Fed.R.Civ.P. 4(m):
If 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.
Plaintiff must effect proper service under Rule 4 on defendants and make proof of service under Rule 4(1)(1) on or before January 31, 2024, or the complaint will be dismissed without prejudice as provided in Rule 4(m) as to any defendant not served. If plaintiff wants the Marshal to make service (at plaintiff's expense) on the defendants he should file a motion requesting an order to that effect.