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Carter v. Nicholas

June 22, 2006

DEON DEMITRE CARTER, PLAINTIFF,
v.
R. JAMES NICHOLAS, SECRETARY OF VETERANS AFFAIRS, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

ORDER REGARDING SERVICE OF PROCESS

This action was filed April 21, 2006. As of the date of this Order, Plaintiff has filed neither a waiver of service nor proof of service on Defendant; indeed, no process has issued.

Plaintiff is reminded that Fed. R. Civ. P. 4(m) requires the Court to dismiss an action in which service is not made within 120 days of filing the Complaint. Plaintiff's time for filing proof of service or waiver expires August 22, 2006. Unless proof of service is filed by that date, the Court will dismiss this action for lack of service of process.

Michael R. Merz Chief United States Magistrate Judge

20060622

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