United States Second Circuit

In civil rights suit alleging assault by a corrections officer on a prisoner, dismissal of one of the defendant corrections officers for failure to effect timely service under Rule 4(m), Fed. R. Civ. P., is affirmed as the district court did not abuse its discretion by dismissing without a discretionary extension where plaintiff not only failed to show good cause but advanced no colorable excuse whatsoever for his neglect.

Appellate Information

• Decided 09/20/2007
• Published 09/20/2007

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, KATZMANN, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Tracie A. Sundack, Tracie A. Sundack & Associates, LLC, White Plains, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Susan Paulson, Assistant Corporation Counsel (Francis F. Caputo, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendants-Appellees.