Collins v. Thornton

(1) Whether, under Federal Rule of Civil Procedure 4(m), a district court has discretion to extend the time for service of process absent a showing of good cause, as the U.S. Courts of Appeals for the 2nd, 3rd, 5th, 7th, 8th, 9th, 10th, 11th and District of Columbia Circuits have held, or whether the district court lacks such discretion, as the U.S. Court of Appeals for the 4th Circuit has held; and (2) whether such discretion under Rule 4(m) is constrained when, as here, the statute of limitations will bar any re-filed claim, such that a district court may only dismiss a complaint for untimely service when there is a clear record of delay or contumacious conduct by the plaintiff.