Reported / Citable
Background
Elvira De los Reyes filed her complaint against Southwest Key Programs, Inc. on March 27, 2026. The case was referred to Magistrate Judge Susan Hightower for non-dispositive pretrial matters and for recommendations on dispositive motions.
More than 90 days after filing, the docket contained no indication that De los Reyes had served Southwest Key. Federal Rule of Civil Procedure 4(m) generally requires dismissal without prejudice or an order setting a service deadline when a defendant is not served within 90 days after the complaint is filed.
The Court’s Holding
The court did not dismiss the action at this stage. Instead, it ordered De los Reyes to show cause in writing by August 13, 2026, why her claims against Southwest Key should not be dismissed for failure to timely complete service.
The order warned that failure to comply by the deadline could result in dismissal. The court cited Rule 41(b), which permits dismissal for failure to prosecute or comply with a court order, and Fifth Circuit authority recognizing a district court’s power to dismiss sua sponte on those grounds.
Key Takeaways
- A plaintiff must serve a defendant within Rule 4(m)’s 90-day period or face possible dismissal without prejudice.
- The court ordered a written explanation rather than immediately dismissing the case.
- Noncompliance with the show-cause order may lead to dismissal for want of prosecution or failure to obey a court order.
Why It Matters
The order underscores that filing a complaint does not by itself move a case forward: plaintiffs must promptly complete service and monitor Rule 4(m)’s deadline. It also illustrates a court’s use of a show-cause order to provide notice before considering dismissal.