Opinion
Case No. 04-61508-CIV-MARRA/SELTZER.
August 31, 2005
ORDER
THIS CAUSE is before the Court sua sponte.
Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service of the summons and complaint is to be perfected upon the defendants within 120 days after the filing of the complaint. Fed.R.Civ.P. 4(m). Moreover, Rule 41.1 of the Local Rules of the United States District Court for the Southern District of Florida provides that "[c]ivil actions not at issue which have been pending without any proceedings having been taken therein for more than three months may be dismissed for want of prosecution by the Court on its own motion after notice to counsel of record." S.D. Fla. L.R. 41.1.
A review of the court record reveals that the Complaint in the present action was filed on November 15, 2004, and there is no indication that Defendant Paul Parker has been served. On July 15, 2005, this Court entered an Order to Show Cause requiring the Plaintiff to show why the cause as to Defendant Paul Parker should not he dismissed for failure to perfect service and for want of prosecution. Plaintiff was ordered to show cause in writing on or before August 3, 2005. Having failed to comply with said order, it is hereby
ORDERED AND ADJUDGED as follows:
1. The above-styled action is hereby DISMISSED WITHOUT PREJUDICE;
2. All pending motions are DENIED AS MOOT;
3. The Clerk shall CLOSE THIS CASE.
DONE AND ORDERED.