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Crowley v. Baca

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 13, 2010

SHAWN CROWLEY
v.
SHERIFF LEE BACA, ET AL.,

The opinion of the court was delivered by: Present: The Honorable Frederick F. Mumm, United States Magistrate Judge

CIVIL MINUTES - GENERAL

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On July 24, 2009, this Court entered an order advising plaintiff that the last day to the complaint pursuant to Federal Rule of Civil Procedure 4(m) expired on June 2009. Because the Court had prohibited plaintiff from serving the complaint while it was being screened and had not previously extended the cutoff date, the Court extended plaintiff's 120 day period of time to serve the complaint on defendant to September 24, Plaintiff was also warned that his failure to effect service by that date may result dismissal of the action without prejudice as to any unserved defendant by reason plaintiff's failure to prosecute, unless plaintiff could show good cause for extending the time for service.

On September 15, 2009, plaintiff requested a further extension of time to serve the complaint. The Court granted the motion and extended the cutoff to July 30, 2010.

As of the date of this order, plaintiff still has not filed a proof of service of the summons and complaint.

Plaintiff is ordered to show cause in writing within 20 days of the date of this order why this matter should not be dismissed for failure to prosecute. See Rule of the Federal Rules of Civil Procedure, Local Rule 41 and Link v. Wabash Railroad Co., 370 U.S. 626, 629-30 (1962). A properly completed proof of service will deemed sufficient compliance with this order.

Failure to file a timely response to this order within the time specified will be deemed consent to the dismissal of this action.

IT IS SO ORDERED.

20101013

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