Kevin O. Rice v. T.R. Sniezek

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 17th day of September, 2012, upon consideration of defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(5), and for summary judgment (Doc. 30), which was held in abeyance with respect to the Federal Bureau of Prisons ("BOP")*fn1 (Doc. 44), pending the filing of a proper server's affidavit demonstrating proof of service on the Attorney General in accordance with Federal Rule of Civil Procedure 4(l)(1), and the supplemental certificate of service having been filed (Doc. 45), and it appearing that plaintiff fails to prove service on the Attorney General by registered or certified mail, Federal Rule of Civil Procedure 4(i)(1)(B); 4(i)(2), within the time frame established by Federal Rule of Civil Procedure 4(m)*fn2 , and it further appearing that plaintiff fails to demonstrate that good cause exists for the failure to effect timely service*fn3 , it is hereby ORDERED that:

1. Defendants' Rule 12(b)(5) motion (Doc. 30) is GRANTED.

2. The complaint against the BOP is DISMISSED in its entirety pursuant to Federal Rule of Civil Procedure 4(m).

3. Plaintiff's motion (Doc. 46) to expedite discovery is DENIED.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States ...