Opinion
CIVIL ACTION No. 03-2257-CM
March 24, 2004
MEMORANDUM AND ORDER
On October 28, 2003, Magistrate Judge O'Hara issued a Notice and Order to Show Cause (Doc. 2), which directed plaintiff by and through its attorney to show cause in writing to the undersigned on or before November 17, 2003, why this case should not be dismissed without prejudice on account of the failure of plaintiff to make service on the defendant within 120 days after the filing of the complaint in this action. Plaintiff did not respond to the show cause order.
On January 8, 2004, this court issued a Memorandum and Order (Doc. 3), directing plaintiff to effect proper service of process on defendant on or before January 30, 2004. The court stated: "If plaintiff fails to effect proper service on defendant by January 30, 2004, this court will dismiss plaintiff's complaint without prejudice." To date, plaintiff has not effected service of process on defendant.
The complaint in this case was filed May 21, 2003. Fed.R.Civ.P. 4(m) requires that service be accomplished within 120 days from the filing of the complaint. Notice has been given to plaintiff by and through its attorney. Good cause has not been shown why service was not made within the period. The case is subject to dismissal pursuant to Fed.R.Civ.P. 4(m).
IT IS THEREFORE ORDERED that this case be dismissed without prejudice.