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Turner v. Home Pharmacy Services

December 1, 2008

GREGORY L. TURNER, PLAINTIFF,
v.
HOME PHARMACY SERVICES, LLC, DEFENDANT.



The opinion of the court was delivered by: Stiehl, District Judge

ORDER

This matter is before the Court for docket control. On October 29, 2008, the Court entered a notice of impending dismissal for failure to serve defendant Home Pharmacy Services, LLC (Doc. 4). In response, plaintiff, who is proceeding pro se, filed an affidavit of service (Doc. 5), which provided that he "mailed/delivered" a copy of the complaint to the defendant. Rule 4 of the Federal Rules of Civil Procedure, provides the methods by which service of process is to be completed. In particular, plaintiff must serve a summons together with a copy of the complaint (Rule 4(c)(1)) within 120 days (Rule 4(m)). Plaintiff may serve the defendant in person (Rule 4 (c)(2) and 4(c)(3); Rule 4(e)) or by mail, requesting a waiver of service (Rule 4(d)).

Although the plaintiff indicates that he served the defendant, it is not clear, from the record, that plaintiff complied with the requirements of service under the Federal Rules. Accordingly, the Court hereby sua sponte DISMISSES this cause of action without prejudice for failure to properly effectuate service.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20081201

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