United States ex rel. DeLoss v. Kenner General Contractors Inc.

NORRIS, Circuit Judge:

Federal Rule of Civil Procedure 4(j) provides:

If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court’s own initiative with notice to such party or upon motion.

Fed.R.Civ.P. 4(j).

In this case the district court dismissed appellant T.E. DeLoss Equipment Rental’s action against appellee Universal…