Wise v. Department of Defense

DECISION AND ENTRY OVERRULING DEFENDANTS’ MOTION TO DISMISS (DOC. # 7).

RICE, Chief Judge.

This matter comes before the Court upon a Motion to Dismiss (Doc. # 7) filed by the Defendants. In their Motion, the Defendants seek dismissal of Plaintiff Joseph Wise’s Complaint (Doc. # 1), pursuant to Fed.R.Civ.P. 12(b)(1) and Fed.R.Civ.P. 4(m), for lack of service of process.1 The Defen*53dants argue that Wise violated Fed.R.Civ.P. 4(m) by failing to effect proper service of process within 120 days after filing his Complaint. The Defendants also contend that no good cause exists to excuse Wise’s failure…