Magistrate Judge recommends dismissal of my case - 3

By the way, even if there was no problem with the summons the recommendation of the magistrate judge for prejudiced dismissal is  legally wrong because in that case FRCP Rule 4 (m) would apply. Like the case in Florida, his issuance of the order to serve the complaint within 120 days from the issuance of the summons, even if we consider the additional time as an extension instead of being  part of the original period because of unreasonable delay from the time the complaint was filed to when the summons were issued, is still within the applicability domain of  FRCP Rule 4 (m) and its unprejudiced dismissal.

Both courts issued extension orders then tried to make the fact that they were orders supersedes the more specific fact that they were related to time extensions which is what FRCP Rule 4 (m) is about and that is incorrect unless they meant that FRCP Rule 4 (m) allows prejudiced dismissal after extension which would also be wrong .