Williams v. Mercy Hospital South

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JEANITA L. WILLIAMS, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 4:25-cv-01253-MTS
)
MERCY HOSPITAL SOUTH, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. 	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). Over ninety days have
passed since Plaintiff* filed this action, but there is no indication in the record of service
having been completed, see id. at 4(l)(1), nor an indication that Defendant agreed to waive
service, see id. at 4(d)(4).
Accordingly,
IT IS HEREBY ORDERED that, no later than Tuesday, December 02, 2025,
Plaintiff must serve Defendant and file proof of service or file Defendant’s signed waiver
* Plaintiff is responsible for having the summons and complaint served on Defendant. 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).
Case: 4:25-cv-01253-MTS Doc. #: 5 Filed: 11/20/25 Page: 1 of 2 PageID #:
<pageID>

- 2 -
of service. 	Failure to do so will result in the dismissal of this action without prejudice
pursuant to Rule 4(m).
Dated this 20th day of November 2025.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
Case: 4:25-cv-01253-MTS Doc. #: 5 Filed: 11/20/25 Page: 2 of 2 PageID #:
<pageID>