Gunther v. Bondi

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
REX S. GUNTHER, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:25-cv-01304-MTS
)
PAMELA JO BONDI, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
Plaintiff Rex S. Gunther, a civil detainee at the Southeast Missouri Mental Health
Center, filed this action two and a half months ago, but he has yet to serve Defendant as is
required. 	Pursuant to Federal Rule of Civil Procedure 4(m), if a defendant is not served within
ninety days after the complaint is filed, the Court “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). 	Since Plaintiff has paid the full $405 filing fee in this matter, neither the Court nor
the United States Marshals Service will effectuate service of process on his behalf.* 	Because
Plaintiff named the United States Attorney General as the Defendant, he must serve Defendant
in accordance with Rule 4(i) of the Federal Rules of Civil Procedure. 	To date, though,
Plaintiff has not even sought a summons from the Court to begin the process. 	Pursuant to
Rule 4(m), the Court will order that service be made no later than Friday, December 12, 2025.
* A plaintiff who is not proceeding in forma pauperis is responsible for having the summons and
complaint served on all defendants. 	See Fed. R. Civ. P. 4(c). 	It makes no difference that Plaintiff
here is pro se. 	See DiCesare v. Stuart, 12 F.3d 973, 980 (10th Cir. 1993) (“A pro se litigant is
still obligated to follow the requirements of Fed. R. Civ. P. 4.”); Davis v. D.C. Dep’t of Corr.,
1:25-cv-1895-JMC, 2025 WL 1743940, at *2 n.1 (D.D.C. June 24, 2025) (noting same).
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Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall have through Friday, December 12,
2025, to serve Defendant in accordance with Federal Rule of Civil Procedure 4 and to file
proof of such service with the Court. 	Failure to serve Defendant and file proof of service with
the Court by that date will result in the dismissal of this action without further notice and
without prejudice pursuant to Rule 4(m).
Dated this 12th day of November 2025.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
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