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Herman K. Edwards v. Julia Edwards John Edwards Robert Lee Edwards Milderine (Shannon) Edwards Gloria (Edwards) Clark
Citations: 754 F.2d 298; 2 Fed. R. Serv. 3d 20; 1985 U.S. App. LEXIS 29029Docket: 84-2601
Court: Court of Appeals for the Eighth Circuit; February 12, 1985; Federal Appellate Court
Herman K. Edwards appealed the dismissal of his complaint by the district court for failure to prosecute. His complaint was filed on May 29, 1984, but by November 15, 1984, the court dismissed it due to Edwards' failure to serve a summons and complaint on any defendants. The Eighth Circuit Court of Appeals affirmed the dismissal, citing Federal Rule of Civil Procedure 4(j), which mandates dismissal if service is not completed within 120 days unless good cause is shown. In this case, 170 days elapsed without service, and the district court had previously warned Edwards on July 16, 1984, that his complaint would be dismissed if he did not serve the defendants. The court found no abuse of discretion in the dismissal, referencing precedent from Moore v. St. Louis Music Supply Co. The dismissal was upheld without prejudice.