Jordan v. Montgomery County Child Support Enforcement Agency

1
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LAMAR D. JORDAN,
Plaintiff,
v.
MONTGOMERY COUNTY CHILD
SUPPORT ENFORCEMENT
AGENCY, et al.,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
Case No. 3:25-cv-200
Judge Thomas M. Rose
Magistrate Judge Caroline H. Gentry
______________________________________________________________________________
ENTRY AND ORDER OF DISMISSAL WITHOUT PREJUDICE
______________________________________________________________________________
This action is before the Court upon Plaintiff Lamar D. Jordan’s (“Jordan”) failure to
comply with the Court’s Order to Show Cause Regarding Service of Process (“Show Cause
Order”) (Doc. No. 25). In issuing the Show Cause Order, the Court required Jordan to show cause
on or before Friday, February 20, 2025, why he has failed to serve Defendant Ohio Department of
Job and Family Services (“ODJFS”) within the time prescribed by the Federal Rules of Civil
Procedure. (Doc. No. 25 at PageID 132.)
Pursuant to Fed. R. Civ. P. 4(m), “[i]f a defendant is not served within 90 days after the
complaint is filed, the court … must dismiss the action or order that service be made within a
specified time.” “The [90]-day time limit may be extended by the court only if the plaintiff
demonstrates good cause for failure to timely serve the defendant.” Leisure v. Ohio, 12 F. App’x.
320, 321 (6th Cir. 2001) (citations omitted). Jordan has failed to even make an attempt at serving
ODJFS here and he has neither demonstrated good cause for that failure, nor has he established
good cause to extend the time in which he may properly serve ODJFS. Therefore, in accordance
Case: 3:25-cv-00200-TMR-CHG Doc #: 27 Filed: 02/24/26 Page: 1 of 2 PAGEID #: <pageID>

2
with Rule 4(m), the Court hereby DISMISSES Jordan’s claims against ODJFS WITHOUT
PREJUDICE. This ruling finally disposes of Jordan’s Amended Complaint (Doc. No. 10) and
the Clerk is directed to TERMINATE this action on the Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Tuesday, February 24, 2026.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00200-TMR-CHG Doc #: 27 Filed: 02/24/26 Page: 2 of 2 PAGEID #: <pageID>