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
DAVID R. ELLSPERMAN, ROBERT L.
BRENAN and MARCIA MORALES
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
Based on the
oc. 10) is G
GRANTEDD IN PARTT and
D IN PART
as set forth
T IS SO OR
DONE and O
in Ocala, Flo
orida on July
y 11, 2013.
Counsel of R
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