Opinion
Case No. 2:02-CV-00081PGC.
July 26, 2004
ORDER DENYING DEFAULT JUDGMENT
On June 4, 2003, the court ordered plaintiff Matthew Mazder to show cause why unserved defendant Narvin Lichfield should not be dismissed from this case. On June 25, 2003 the court granted plaintiff 60 days to complete service on Narvin Lichfield, pursuant to Rule 4(f) of the Federal Rules of Civil Procedure. Service was apparently effectuated on August 16, 2003 by leaving a copy of the complaint and summons at the dwelling house of Narvin Lichfield with one Harold Dabel, presumably a person of suitable age and discretion residing therein. However, this court was not notified that service of process had been completed until October 15, 2003. Thus, the case was dismissed without prejudice on September 24, 2003 and the clerk of the court was directed to close the case. The case has been closed for ten months now without any filings from the plaintiff. Therefore, the court denies plaintiff's motion for default judgment as untimely. Since the case was initially dismissed without prejudice, Plaintiff may be free to refile the Complaint against Narvin Lichfield and proceed again with service of process.