Wednesday, March 18, 2015

Magistrate Judge recommends dismissal of my case - 7

Here is what FRCP Rule 4(m) states:
"Time Limit for Service. 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 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. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1)."

So in case I did not make that clear, I said that the application of Rule 4(m) precedes the application of Rule 41 (b) (as it relates to court orders) because , as shown above, the rule itself used filing the complaint ("after the complaint is filed") as its trigger point.    
 

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