Michael Fitzgerald Hubbard v. The Duluth Township

Background

Michael Fitzgerald Hubbard sued The Duluth Township. Ten months after the complaint was filed, United States Magistrate Judge Leo I. Brisbois recommended dismissing the complaint without prejudice because Hubbard had not timely served The Duluth Township with the summons and complaint.

Applicable Rule and Recommendation

Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve a defendant within 90 days after filing the complaint. Judge Brisbois had previously explained that Hubbard missed that deadline and needed to show good cause for the failure to avoid dismissal. Judge Brisbois concluded that Hubbard neither served the complaint within the required time nor demonstrated good cause.

Review and Ruling

Hubbard did not object to the recommendation within the 14-day objection period or during the additional two weeks described by the court. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake. Finding none, Judge Katherine M. Menendez accepted the recommendation and dismissed Hubbard’s complaint without prejudice under Rule 4(m). The order directed that judgment be entered accordingly.