Bogle v. Helidosa Aviation Group

District Court, W.D. Texas

Bogle v. Helidosa Aviation Group

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SEAN F. BOGLE, as Personal § Representative of the ESTATE OF § YEILIANYS JEISHLIMAR § MELENDEZ JIMENEZ, § Plaintiff § Case No. 1:23-CV-01521-RP v. § § HELIDOSA AVIATION GROUP,S.A., Defendant § ORDER On December 14, 2023, Plaintiff filed his Complaint. Dkt. 1. To date, however, there is no indication that Plaintiff has served Defendant with the complaint and summons. “If a defendant is not served within 90 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.” FED. R. Clv. P. 4m). More than 90 days have passed since Plaintiff filed his Complaint. IT IS ORDERED that Plaintiff shall show cause in writing on or before March 29, 2024, as to why Plaintiff's claims against Defendant should not be dismissed for failure to timely effectuate service. Failure to comply with the Court’s order by the deadline may result in the dismissal of this action. See FED. R. Civ. P. 41(b) (action may be dismissed for want of prosecution or failure to comply with court order); Larson v. Scott,

157 F.3d 1030, 1031

(Sth Cir. 1998) (‘A district court sua sponte may dismiss an action for failure to prosecute or comply with any court order.”). SIGNED on March 18, 2024.

SUSAN HIGHTOWER UNITED STATES MAGISTRATE JUDGE

Reference

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