Nanyonga v. Immigration & Naturalization Service

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Defendants, York County, York County Prison, Thomas Hogan and Christopher Reilly (the “York County Defendants”), have filed a motion to dismiss the Plaintiffs complaint for failure to effect service upon them. They also request dismissal with prejudice because service on them now would be beyond the statute of limitations. We presume the motion is made under Fed.R.Civ.P. 12(b)(5). The Plaintiff has filed a cross-motion under Fed.R.Civ.P. 4(m) for enlargement of time to effect service.

Plaintiff, Yudaya Nanyonga, filed this civil rights action…