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White v. Donahoe

United States District Court, Seventh Circuit

September 9, 2013

WILLIAM R. WHITE, Plaintiff,
v.
PATRICK R. DONAHOE, Defendant.

ORDER

DAVID R. HERNDON, CHIEF JUDGE U.S. DISTRICT COURT

The complaint in this case was filed on December 5, 2012. As of this date, the docket sheet does not indicate that service has been made on all defendants within the 120 days authorized by Federal Rule of Civil Procedure 4(m). Rule 4(m) provides: “If a defendant is not served within 120 days after the complaint is filed, the court must dismiss the action without prejudice against that defendant or order that service be made within a specified time.” The plaintiff has been given two notices of potential dismissal of this case without effecting service, first on July 17, 2013 (Doc. 7) and next on August 15, 2013 (Doc. 9). Therefore, electing to follow the first option, the Court dismisses this action without prejudice.

IT IS SO ORDERED.


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