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Case 5:13-cv-00108-ACC-PRL Document 4 Filed 07/11/13 Page 1 of 2 PageID 191

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

Plaintiff,


EVERETTE WEAVER,



v.


DAVID R. ELLSPERMAN, ROBERT L.
BRENAN and MARCIA MORALES
HOWARD




Defendants.





ORDER

Case No: 5:13-cv-108-Oc-22PRL

Plaintiff asks the Court for a 30-day extension of time to serve Defendant, Mr. Robert L.

Brenan because Plaintiff has been unable to locate Mr. Brenan. (Doc. 10). Pursuant to Rule

4(m), Fed. R. Civ. P., service of the summons and complaint must be made within 120 days after

filing the complaint. However, the Court has discretion to extend the time for service. See Rule

4(m), Fed. R. Civ. P.; Horenkamp v. Van Winkle and Co., 402 F.3d 1129, 1132-33 (11th Cir.

2005) (holding that court may extend the time for service of process under Rule 4(m) even in the

absence of a showing of good cause). Upon due consideration, therefore, Plaintiff’s request is

granted. Plaintiff shall serve Mr. Brenan on or before August 9, 2013.

Plaintiff also asks the Court to direct the post office to give to Plaintiff a copy of Mr.

Brenan’s application for his post office box and a copy of his driver’s license. (Doc. 10).

Plaintiff, however, provides no legal support for the Court to enter such an order, and the Court

is unwilling to do so. Accordingly, Plaintiff’s request is denied.

Case 5:13-cv-00108-ACC-PRL Document 4 Filed 07/11/13 Page 2 of 2 PageID 192

B
Based on the

e foregoing,

, Plaintiff’s

Motion (D

oc. 10) is G

GRANTEDD IN PARTT and

DENIED

D IN PART

as set forth

herein.

IT
T IS SO OR

RDERED.

D
DONE and O

ORDERED

in Ocala, Flo

orida on July

y 11, 2013.


Copies fu


urnished to:

U
Unrepresente
C
Counsel of R

d Parties
ecord



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