Brunson v. Colquitt County Jail, 7:08-cv-00132

Brunson filed a civil rights action in the M.D. Ga. against Beasley, Lewis, and Michelle.
Defendants were never properly served; service attempts were made by mail and personal service was attempted but failed.
Colquitt County Sheriff’s Office denied employment of defendants named Michelle, Beasley, or Lewis.
Judge Hodges directed Brunson to show cause or provide current addresses within Rule 4(m) 120-day service period.
Brunson claimed incarceration and efforts to locate defendants but failed to provide valid addresses.
Court determined Rule 4(m) requires dismissal without prejudice if service is not perfected absent good cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brunson’s action should be dismissed for lack of service under Rule 4(m).	Brunson asserts attempts were made and seeks extension due to inability to locate defendants.	Defendants are not properly served and should be dismissed for failure to serve.	Dismissal without prejudice appropriate; service not perfected and no good cause shown.
Whether good cause exists to extend service for defendants.	Brunson argues incarceration and outreach efforts constitute good cause.	No valid addresses provided; inadvertence does not equate to good cause.	No good cause shown; extension not warranted under Rule 4(m).
Whether special circumstances justify extending service despite lack of good cause.	Brunson contends potential special factors like running of limitations.	No special factors demonstrated by Brunson.	No exceptional factors to extend; dismissal remains appropriate.
Whether the court should reopen service period under Eleventh Circuit discretionary authority.	Brunson argues extension possible due to case specifics.	No addresses or notice to refile provided.	Discretionary extension denied; no extension warranted.

Schnabel v. Wells, 922 F.2d 726 (11th Cir. 1991) (Rule 4(m) dismissal mandatory absent good cause)
Lepone-Dempsey v. Carroll County Comm’rs, 476 F.3d 1277 (11th Cir. 2007) (special factors may warrant extension despite absence of good cause)
Horenkamp v. Van Winkle & Co., 402 F.3d 1129 (11th Cir. 2005) (extensions possible when inability to refile due to procedural issues and notice)
Madison v. BP Oil Co., 928 F. Supp. 1132 (S.D. Ala. 1996) (good cause not required in all extensions; factors considered)
Zachery v. Thigpen, 895 F. Supp. 1472 (M.D. Ala. 1995) (absence of proper service and addresses affects dismissal outcome)