McKellop v. DOJ

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JEFFREY A. MCKELLOP,

Plaintiff,

v. Civil Action No. 24-1043 (TJK)

DEPARTMENT OF JUSTICE et al.

Defendants.

MEMORANDUM

Plaintiff filed this lawsuit on March 27, 2024. He did not file service within the 90-day

window for doing so. See Fed. R. Civ. P 4(m). On August 12, 2024, this Court ordered Plaintiff

to, within 45 days—i.e., September 26, 2024—either (1) serve process and file proof of service in

accordance with Rule 4, or (2) move for an extension of time to do so. Plaintiff has done neither

as of today, September 27, 2024. Accordingly, pursuant to Local Rule 83.23 and the Court’s

“inherent power to dismiss a case sua sponte for a plaintiff’s failure to prosecute or otherwise

comply with a court order,” Peterson v. Archstone Communities LLC, 637 F.3d 416, 418 (D.C.

Cir. 2011), the Court will dismiss the case. A separate order will issue.

/s/ Timothy J. Kelly _____ TIMOTHY J. KELLY United States District Judge Date: September 27, 2024