4:25-cv-03104•Solis v. Doe
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Jovan Saul Solis, § Plaintiff, § § v. § Civil Action H-25-3104 § John Doe, § Defendant. § MEMORANDUM AND RECOMMENDATION This case has been referred to the undersigned magistrate judge to conduct the conference under Federal Rule of Civil Procedure 16. The court sua sponte recommends this case be DISMISSED for failure to serve the defendant. Plaintiff Jovan Saul Solis filed his complaint on June 27, 2025. ECF No. 1. An initial conference was held on October 16, 2025, and a written order was issued after the completion of the conference. The order gave Plaintiff until November 17, 2025, to serve the defendant and reset the initial conference to December 5, 2025, advising the Plaintiff “Failure to serve the defendant will result in dismissal of this case under Federal Rule of Civil Procedure 4(m).” See ECF No. 11. Plaintiff failed to complete service and did not appear at the December 5 conference. Under Federal Rule of Civil Procedure 4(m), 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. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). The court ordered that service be made by November 17, 2025. ECF No. 11. Plaintiff has not complied. Thus, United States District Court Southern District of Texas ENTERED December 05, 2025 Nathan Ochsner, Clerk Case 4:25-cv-03104 Document 14 Filed 12/05/25 in TXSD Page 1 of 2
2 pursuant to Rule 4(m), the court recommends that the case be DISMISSED without prejudice for failure to serve the defendant. Signed at Houston, Texas, on December 5, 2025. _____________________________ Peter Bray United States Magistrate Judge The parties have fourteen days from service of this Memorandum and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276–77 (5th Cir. 1988). Case 4:25-cv-03104 Document 14 Filed 12/05/25 in TXSD Page 2 of 2
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