United States District Court, Southern District of New York
January 16, 2003
ANDRE PURVIS, PLAINTIFF PRO SE,
CITY OF NEW YORK DEPARTMENT OF CORRECTIONS, DEFENDANT.
The opinion of the court was delivered by: Lewis A Kaplan, District Judge
The Court docket shows that the complaint in this action was filed on September 12, 2002, but no proof of service has yet been filed. Rule 4(m) of the Federal rules of Civil Procedure provides that if service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and plaintiff cannot show good cause why such service was not made within that period, the action shall be dismissed without prejudice.
Accordingly, if by January 31, 2003, plaintiff pro se fails to demonstrate good cause for the failure of service within the 120 day period allowed, this action will be dismissed.
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