Bushman v. Vance et al

IN THE UNITED STATES DISTRICTCOURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ROBERT BUSHMAN,
Plaintiff,
V.
J. D. VANCE, etal.,
Defendants.
Case No. 3:25-cv-250
JUDGE WALTER H. RICE
DECISION AND ENTRY DISMISSING CASE WITHOUT PREJUDICE
FOR FAILURE TO SERVE DEFENDANTS; TERMINATION ENTRY
On July 21, 2025, Plaintiff Robert Bushman ("Plaintiff") filed a Complaint
against J. D. Vance, in his official capacity, and John Boehner, in his official capacity,
but to date. Plaintiff has not documented effective service. Doc. #1. Under the
Federal Rules of Civil Procedure, once a plaintiff has filed a complaint, the plaintiff
must effectuate service on each defendant within 90 days. Fed. R. Civ. P. 4(m). On
December 3, 2025, the Court issued an Order to Show Cause as to why the case
should not be dismissed for failure to timely serve Defendants, requiring an answer
by December 17, 2025. Doc. #5. No response has been filed as of December 30,
2025.
If a defendant has not been served within this timeframe, a court "must
dismiss the action without prejudice against that defendant or order that service be
Case: 3:25-cv-00250-WHR-CHG Doc #: 7 Filed: 12/30/25 Page: 1 of 2 PAGEID #: <pageID>

made within a specified time. " Fed. R. Civ. P. 4(m). Because Plaintiff has not timely
served Defendants and has not shown good cause for the failure to do so, dismissal
is mandated.
The captioned case is DISMISSED WITHOUT PREJUDICE and is hereby
ordered terminated upon the docket records of the United States District Court for
the Southern District of Ohio, Western Division, at Dayton.
Date: December 30, 2025 cJL	»JU>-V /<
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00250-WHR-CHG Doc #: 7 Filed: 12/30/25 Page: 2 of 2 PAGEID #: <pageID>