Reported / Citable
Background
Kenya Jones filed her complaint against Randall Fancher, Joe McWilliams, and Cotton Culinary Inc. on May 21, 2025. More than a year later, she had neither requested issuance of summons nor served any defendant.
The court issued multiple orders to show cause after the 90-day service period expired, warning Jones that failure to respond could result in dismissal. She still did not serve any defendant.
The Court’s Holding
Magistrate Judge Ronald C. Griffin recommended that the complaint be dismissed without prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b).
The magistrate judge concluded that Jones’s repeated failure to comply with Rule 4(m)’s service requirement and the court’s orders left dismissal as the only available remedy. A without-prejudice dismissal would permit Jones to raise her claims again if necessary.
Key Takeaways
- This is a report and recommendation, not a final district-court dismissal order.
- Failure to request summons or serve defendants after repeated warnings can support dismissal for want of prosecution.
- The recommended dismissal is without prejudice.
Why It Matters
The recommendation underscores that plaintiffs must advance a case through service of process. Extended inaction after Rule 4(m)’s deadline and court-issued warnings can lead to dismissal even before the defendants appear.