Opinion
2:22-cv-254-TLF
01-25-2023
NEAL STROBEL, Plaintiff, v. GLEN JAMES LESNICK et al.,, Defendants.
ORDER TO SHOW CAUSE
THERESA L. FRICKE UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court on the lack of service of the amended complaint on defendants. Defendants Teresa Lesnick and Glen James Lesnick filed a response to the Court's order to show cause (Dkt. 37) informing the Court that they have not been served (Dkt. 41).
The record contains no acceptance or proof of service of the complaint upon defendants. More than 90 days have passed since plaintiff's amended complaint was filed and defendants have not been served. "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." Fed.R.Civ.P. 4(m).
Accordingly, plaintiff is directed to, by no later than February 10, 2023, file proof of service or show good cause for plaintiff's failure to effect service against the named defendants or plaintiff's claims will be subject to dismissal without prejudice pursuant to Fed.R.Civ.P. 4(m).
The Clerk is direct to set this matter for consideration on February 10, 2022.