United States District Court, D. KansasMay 3, 2007
CIVIL ACTION No. 06-2358-KHV (D. Kan. May. 3, 2007)


May 3, 2007


KATHRYN VRATIL, District Judge

Robert Britt, pro se, brings this action under 42 U.S.C. § 1988, alleging that defendant committed crimes including racketeering in violation of 18 U.S.C. § 1961, mail fraud in violation of 18 U.S.C. § 1341, obstruction of justice in violation of 42 U.S.C. § 1985 and concealment, removal or destruction of documents in violation of 18 U.S.C. § 2071.Complaint (Doc. #1) filed August 29, 2006. Plaintiff's claims arise out of plaintiff's state court action in which he unsuccessfully claimed "extortion and racketeering" by fellow workers at a construction company. Plaintiff alleges that the State of Kansas "conspired to defend and cover up the indiscretions" of the state court defendants, in part by concealing or destroying unspecified documents.

On January 11, 2007, the Court ordered plaintiff to show cause in writing why it should not dismiss his claims under Rule 4(m), Fed.R.Civ.P. This matter is before the Court on plaintiff'sResponse To Notice And Order To Show Cause (Doc. #3) filed January 24, 2007. In his response, plaintiff asks the Court to allow him a reasonable time to deliver a copy of the complaint to the United States Attorney's office to allow that office to determine "whether to intervene or decline intervention as provided by rule, statute and code." Plaintiff does not identify any statute under which the United States Attorney's office might seek to intervene in this case, or any reason why it might wish to do so. In any event, plaintiff still has not served a summons or complaint upon defendant and he has not requested further time to do so. Therefore, under Rule 4(m), the Court dismisses without prejudice plaintiff's claims. Fed.R.Civ.P. 4(m) (court "may dismiss the case if service of the summons and complaint is not made upon a defendant within 120 days after filing of complaint").

IT IS THEREFORE ORDERED that plaintiff's case is dismissed without prejudice.