Opinion
Case No. 12-cv-12073
12-13-2012
MICHAEL A. WILSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. GERSHWIN A. DRAIN
ORDER DISMISSING ACTION WITHOUT PREJUDICE
Plaintiff filed the instant action seeking review of a denial of social security benefits and an application to proceed in forma pauperis on May 8, 2012. Thereafter, the matter was assigned to Magistrate Judge Mona K. Mazjoub to conduct all pretrial proceedings.
On May 11, 2012, Magistrate Judge Mazjoub entered an Order granting Plaintiff's application to proceed in forma pauperis. The Summons was issued on May 30, 2012. Accordingly, service of the Summons and a copy of the Complaint had to occur no later than September 28, 2012. See Fed. R. Civ. P. 4(m)("If a defendant is not served within 120 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 service be made within a specified time.").
Plaintiff failed to serve the Summons and a copy of the Complaint on Defendant, therefore on October 25, 2012, Magistrate Judge Mazjoub entered an Order for Plaintiff to Show Cause why the action should not be dismissed for failure to comply with Federal Rule of Civil Procedure 4(m). See Dkt. No. 8. Magistrate Judge Mazjoub's Order required Plaintiff to show cause in writing no later than November 9, 2012. Plaintiff has failed to respond in writing to Magistrate Judge Mazjoub's Order to Show Cause, or otherwise proceed with the prosecution of this action. Accordingly, this case is DISMISSED without prejudice for failure to comply with Federal Rule of Civil Procedure 4(m).
SO ORDERED.
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GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
December 13, 2012, by electronic and/or ordinary mail.