Opinion
2:24-cv-00283
07-12-2024
ALIH PHILIP AGUDA, Plaintiff, v. UNITED STATES GOVERNMENT AND AFFILIATES, Defendants.
AMENDED ORDER
John H. Chun United States District Judge
Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve defendants with a summons and a copy of the complaint within 90 days after the complaint is filed. If service is not effectuated in this timeframe, the Court “must dismiss the action without prejudice against that defendant,” unless Plaintiffs can demonstrate good cause. See Fed.R.Civ.P. 4(m).
As far as the record shows, Plaintiff failed to serve Defendants within the 90-day time frame. On July 1, 2024, the Court ordered Plaintiff to show cause within ten days why this action should not be dismissed for failure to comply with Rule 4(m). Dkt. # 5. Plaintiff responded, alleging various claims including “technology that reads [his] mind” and wireless “attack[s] [on his] eyeballs and sexual apparatus[.]” Dkt. # 16 at 3. Plaintiff does not demonstrate good cause as to why the Court should not dismiss the action. Thus, pursuant to Rule 4(m), the Com! DISMISSES this case without prejudice.
hi his response. Plaintiff also appear s to bring an “[e]mergency motion for restraining order[.]” Dkt. # 16 at 1. Yet Plaintiff fails to specify the relief he seeks nor cites any legal authority to support Iris motion. For the same reasons cited in the Corul's previous order striking Plaintiff s previous requests, see Dkt. ## 9. 14. the Court strikes this motion for emergency relief.