Efezokhae v. Wells Fargo Bank, N.A.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
FRANK AYEMERE EFEZOKHAE SR.,
Plaintiff,
vs. 	Civ. No. 25-951 JMR/SCY
WELLS FARGO BANK, N.A.,
Defendant.
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter comes before the Court sua sponte, following its Order to Show Cause
regarding failure to serve. Doc. 7. That Order advised Plaintiff that the deadline to serve the
Defendant has expired. Id. The Order explained that “in order to avoid dismissal of this action,
Plaintiff must either effect service or provide the Court with a written explanation showing good
cause why service has not been made, on or before February 2, 2025.” Id. Plaintiff neither
effected service or nor responded to the Order to Show Cause.
Therefore, I recommend that the Court dismiss this matter without prejudice. See Fed. R.
Civ. P. 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.”).
The Clerk’s office shall mail and email a copy of this Recommendation to Plaintiff.
____________________________________
Steven C. Yarbrough
United States Magistrate Judge
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THE PARTIES ARE FURTHER NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of a
copy of these Proposed Findings and Recommended Disposition they may file written
objections with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party
must file any objections with the Clerk of the District Court within the fourteen-day period
if that party wants to have appellate review of the proposed findings and recommended
disposition. If no objections are filed, no appellate review will be allowed.
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