Opinion
Civil Action No. No. 7:11-cv-177 (HL)
04-25-2012
RANDOLPH MORGAN, Plaintiff, v. CITY OF VALDOSTA, GEORGIA; RICHARD BURKHART, individually and in his official capacity; THOMAS WHEELER, individually and in his official Capacity; TRAVIS KISER, individually and in his official capacity; and FRANK SIMMONS as Chief of Police for the City of Valdosta and in his individual capacity Defendants.
ORDER
On December 21, 2011, Plaintiff, through counsel, commenced this case pursuant to 42 U.S.C. §§ 1983, 1985, and 1986. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff had 120 days from the filing of the complaint to properly serve Defendant. This time period expired on Thursday, April 19, 2012, and service has not yet been effected. Therefore, Plaintiff is hereby directed to file a report showing good cause why this case should not be dismissed for failure to effect service on Defendant within 120 days.
Plaintiff's response is due no later than Wednesday, May 9, 2012. Should Plaintiff fail to file a timely response, the clerk is directed to dismiss this case against the Defendant without prejudice and without further order of the Court.
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HUGH LAWSON, SENIOR JUDGE
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