United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
take notice that the attached Magistrate Judge's Report
and Recommendations has been filed with the Clerk of the U.S.
accordance with 28 U.S.C. §636(b)(1), you have fourteen
(14) days from date of receipt of this notice to file written
objections to the proposed findings of fact and conclusions
of law set forth in the Magistrate Judge's Report. A
failure to object will constitute a waiver of your right to
attack the factual findings on appeal.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
complaint in this matter was filed on April 19, 2018.
Plaintiff, who is proceeding pro se, paid the $400 filing fee
at the time he filed the complaint.
3, 2018, the plaintiff filed a motion to expedite and make
service. (R. Doc. 3). On June 1, 2018, the Court issued an
order on the plaintiff's motion to expedite and make
service. (R. Doc. 4). In the Court's order, the Court
informed the plaintiff that “Plaintiff is responsible
for service of summons and complaint on the defendant(s). In
addition, Plaintiff is responsible for submitting the summons
and address for the defendant(s) to the Clerk of Court. Upon
plaintiff submitting the summons and address for the
defendant(s) to the Clerk of Court, the Clerk is directed to
in the Court's order, the Court stated that “In
accordance with Rule 4(i) of the Federal Rules of Civil
Procedure, a party serving the United States and its
Agencies, Corporations, Officer, or Employees must
“(A)(i) deliver a copy of the summons and of the
complaint to the United States Attorney for the district
where the action is brought-or to an assistant United States
attorney or clerical employee whom the United States attorney
designates in a writing filed with the court clerk--or (ii)
send a copy of each by registered or certified mail to the
civil-process clerk at the United States attorney's
office; (B) send a copy of each by registered or certified
mail to the Attorney General of the United States at
Washington, D.C.; and (C) if the action challenges an order
of a nonparty agency or officer of the United states, send a
copy of each by registered or certified mail to the agency or
addition, the Court stated that “In accordance with
Rule 4(m) of the Federal Rules of Civil Procedure, there is a
time limit for service. “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. But if
the plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate period.
review of the Court's Docket Sheet reflected that there
was no service return in the record for defendant U.S.
Government, and, in fact, summons had not been issued.
August 13, 2018 (R. Doc. 5), the Court issued an order that
“within fourteen (14) days of the date of this Order,
Plaintiff shall show cause, in writing, why his claims
asserted against defendant U.S. Government should not be
dismissed because of his failure to serve the defendant
within the time allowed by Fed.R.Civ.P. Rule 4(m). Plaintiff
is advised that a failure to file a written response to this
Order within the time allowed may result in the dismissal of
his claims against the defendant without further notice from
the Court.” LR 41(b) provides that a matter may be
dismissed for failure to prosecute when no service of process
has been made within 120 days of filing of the complaint or
when no responsive pleadings have been filed and no default
has been entered within 60 days after service of process.
plaintiff has taken no action against the defendant U.S.
Government and has not responded to the court's order to
show cause regarding the defendant.
practical matter, the case cannot proceed against the
defendant if the plaintiff does not prosecute his claims
against the defendant or respond to the court's order to
show cause. Plaintiff's failure to prosecute his claims
against the defendant U.S. Government effectively deprives
the defendant of the opportunity to defend itself from the
allegations made against it. The plaintiff has failed to
respond to court's order and has failed to prosecute this