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MARK A. LOBELLO and BARBARA A. LOBELLO, Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants.

ORDER

LARRY R. HICKS, United States District Judge

On May 20, 2003, the Court granted the Plaintiffs 30 days to comply with Fed.R.Civ.P. 4(i)(1)(A) and 4(i)(1)(B), and subsequently file an appropriate proof of service in accordance with Fed.R.Civ.P. 4(1) or otherwise face dismissal of their complaint. The Plaintiffs have failed to comply with the Court's Order (#10). Therefore, and with good cause appearing, the Plaintiffs' complaint (#1) is hereby dismissed without prejudice for failure to effect proper service and Defendant's Motion to Dismiss or Alternatively, for Extension of Time to File Response (#3 and #11) are similarly DENIED as moot.

IT IS SO ORDERED

JUDGMENT IN A CIVIL CASE

_____ Jury Verdict. This action came before the jury for a trial by the Court. The issues have been tried and the Jury has rendered it's verdict.

X Decision by Court. This action came to be considered by the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the plaintiffs' complaint is dismissed without prejudice. Judgment is entered in favor of the Defendants and against the Plaintiff.

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LOBELLO v. U.S
(Jul 2, 2003)