June 3, 2013
FRANCIS WILES and JUDY T. WILES (rep), Plaintiffs,
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
MEMORANDUM AND ORDER
JOHN M. GERRARD, District Judge.
This matter is before the Court on its own motion. On February 12, 2013, the Court granted plaintiffs leave to proceed in forma pauperis. Filing 4. The Court directed the Clerk's Office to send plaintiffs three blank summons forms and three copies of Form 285 for use in completing service of process on the United States. The Court's order further stated that plaintiffs were required to effect service of process no later than 120 days after the complaint has been filed. The record reflects that the Clerk's Office sent these forms to plaintiffs on the same day.
The record also shows that although plaintiffs returned the completed summons forms, they have not completed service of process. See filing 5. Pursuant to Federal Rule of Civil Procedure 4, service of process must be completed within 120 days after the complaint is filed. Fed.R.Civ.P. 4(m). Because the plaintiffs returned the summons forms on the 119th day, the Court waited an additional 2 weeks to see if service would be completed. It has not been.
Where service has not been completed within 120 days after the filing of the complaint, the Court may, on its own motion, dismiss the action without prejudice or order that service be made within a specified time, provided that the plaintiff is first notified. Fed.R.Civ.P. 4(m). Additionally, if a plaintiff shows there was "good cause" for the failure to complete service in a timely fashion, the Court must extend the time for service for an appropriate period. Fed.R.Civ.P. 4(m); Adams v. AlliedSignal Gen. Aviation Avionics, 74 F.3d 882, 887 (8th Cir. 1996). Accordingly,
IT IS ORDERED:
1. Plaintiffs shall have until July 3, 2013, to complete service of process or to show cause why this case should not be dismissed for their failure to effect service of process. If plaintiffs do not respond, or if good cause is not shown, this action will be dismissed without prejudice and without further notice.
2. The clerk's office is directed to set a pro se case management deadline with the following text: July 3, 2013: deadline for plaintiffs to show cause why service of process was not completed.