Francois v. Mas Restaurant Group LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Janesha D. Francois,
Plaintiff,
v.
Mas Restaurant Group LLC,
Defendant.
§
§
§
§
§
§
§
Civil Action H-25-5636
MEMORANDUM AND RECOMMENDATION
The 	court 	recommends 	that 	this 	case 	be 	DISMISSED
WITHOUT PREJUDICE for failure to serve the Defendant.
Plaintiff 	Janesha 	D. 	Francois 	filed 	her 	Complaint 	on
November 21, 2025. ECF No. 1. The court conditionally granted
Plaintiff 	permission 	to 	proceed 	in 	forma 	pauperis 	(IFP).
ECF No. 8. On February 12, 2026, the court ordered Plaintiff to
prepare the summons for the Defendant and deliver the completed
summons to the Clerk of Court by February 27, 2026. ECF No. 9.
The court stated in its order that failure to comply “will result in a
recommendation that this case be dismissed without prejudice.”
Id.
Plaintiff 	did 	not 	comply. 	There 	is 	no 	filing 	or 	other
information on the docket to indicate that Plaintiff submitted the
summons as instructed. There is no filing or other information
showing good cause for the failure.
Under the federal rules,
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
United States District Court
Southern District of Texas
ENTERED
March 13, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-05636 Document 10 Filed 03/13/26 in TXSD Page 1 of 2

2
must extend the time for service for an appropriate
period.
Fed.R.Civ.P.4(m). For the reasons stated above, and pursuant to
Rule 4(m), the court recommends that the case be DISMISSED
WITHOUT PREJUDICE for failure to serve the Defendant. The
conference set for April 30, 2026, at 10:00 a.m. is CANCELED.
The 	parties 	have 	fourteen 	days 	from 	service 	of 	this
Memorandum and Recommendation to file 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 27, 276-77 (5 th Cir. 1988).
Signed at Houston, Texas, on March 13, 2026.
______________________________________
Peter Bray
United States Magistrate Judge
Case 4:25-cv-05636 Document 10 Filed 03/13/26 in TXSD Page 2 of 2