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JAMES MURTAGH, MD, Plaintiff, vs. SW IDAHO ACUTE CARE HOSPITAL MEDICAL CENTER, BENNY COSTELLO, CHIEF EXECUTIVE OFFICER FOR SOUTHWEST IDAHO ADVANCED CARE HOSPITAL, and EARNEST HEALTH, Defendants.
The above-entitled action was assigned to the undersigned Magistrate Judge on or around February 2, 2012. Despite informal correspondence from the Court, as well as a June 12, 2012 letter to Attorney Patrick C. Kershisnik, service remains outstanding. See 6/12/12 Ltr. (Docket No. 5) (Please be advised that the 120 day time limit for service of the summons and complaint has long expired and that pursuant to Federal Rule of Civil Procedure 4[(m)], the above-entitled action will be dismissed without prejudice on JUNE 22, 2012 unless good cause can be shown prior to that date why such service was not made within that period.) (emphasis in original). Because (1) all parties have not consented to the jurisdiction of this Court for all purposes as required by 28 U.S.C. 636, and (2) it appears as though this action should be dismissed for lack of service pursuant to Federal Rule of Civil Procedure 4(m), this matter shall be referred to the Clerk of Court for reassignment to a United States District Judge.
ORDER OF REASSIGNMENT - 1
THEREFORE, IT IS HEREBY ORDERED that the Clerk of Court shall reassign this matter to a United States District Judge for all further proceedings. DATED: July 13, 2012
ORDER OF REASSIGNMENT - 2