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Nick Terry v. Matthew Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 13, 2011

NICK TERRY, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se with an action filed pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned. By order, filed on February 2, 2011 (docket # 19), plaintiff was directed to complete service of process of his second amended complaint within sixty days in accordance with Fed. R. Civ. P. 4.*fn1 Docket # 19. In the order, plaintiff was informed that he was responsible for service of process and was cautioned that this action might be dismissed if service of process were not accomplished within one hundred and twenty (120) days from the date the complaint was filed. See Fed. R. Civ. P. 4(m). Plaintiff and defendants were further directed that they must submit a status report within 120 days from the date of the February 1, 2011, order. The time for submitting the parties' status reports has long expired. Moreover, there is nothing in the docket to indicate that any defendant has ever been served.

Accordingly, IT IS ORDERED that plaintiff must show cause within fourteen days why all defendants should not be dismissed pursuant to Fed. R. Civ. P. 4(m), or, alternatively, why this matter should not be dismissed for failure to prosecute.

GGH:009 terr1842.osc


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