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Kincannon v. South Carolina Commission of Lawyer Conduct

United States District Court, D. South Carolina, Columbia Division

January 13, 2015

J. Todd Kincannon, Plaintiff,
v.
The South Carolina Commission of Lawyer Conduct; the South Carolina Office of Disciplinary Counsel; Lesley Coggiola; Barbara Seymour; and all John Does involved in this matter, Defendants.

REPORT AND RECOMMENDATION

SHIVA V. HODGES, Magistrate Judge.

This matter comes before the court on Plaintiff's failure to effect service of the summons and complaint on the defendants. A review of the docket in this case reveals no evidence that plaintiff has effected service on defendants. The summons was issued on August 18, 2014, and it expired on December 19, 2014. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows:

If a defendant is not served within 120 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. Civ. P. 4(m).

On December 29, 2014, the undersigned issued an order notifying Plaintiff that if he failed to show cause by January 9, 2015, for his failure to effect service of the summons and complaint on the defendants, this action would be recommended for dismissal without prejudice. Notwithstanding the order, plaintiff has failed to show cause or file proof of service to the court pursuant to Fed.R.Civ.P. 4(l). As such, it appears to the court that he wishes to abandon this action. Based on the foregoing, the undersigned recommends this action be dismissed without prejudice for failure to comply with Fed.R.Civ.P. 4 and for failure to prosecute pursuant to Fed.R.Civ.P. 41(b).

IT IS SO RECOMMENDED.


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