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Fred Levi v. M. Cate

May 2, 2012

FRED LEVI, PLAINTIFF,
v.
M. CATE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff has now paid the filing fee.*fn1 The matter will therefore be set for status conference. This action has been pending for over five months. It does not appear from the docket that plaintiff has served defendants with summons in compliance with Federal Rule of Civil Procedure 4. Under Federal Rule of Civil Procedure 4(m), the court may order dismissal of a defendant who is not served within 120 days of the filing of the complaint. That time is now passed. Plaintiff will be granted an additional sixty days to complete service of summons.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of Court is directed to remit to plaintiff the excess filing fee payment of $5.00.

2. Plaintiff shall serve summons on defendants in compliance with Federal Rule of Civil Procedure 4 within sixty days. Failure to comply with this order may result in a recommendation that the action be dismissed.

3. The Clerk of the Court is directed to issue and send plaintiff one summons for each defendant named in the complaint. Plaintiff shall complete service of process on defendants named in the complaint within 60 days and shall file with the court proof of service of summons. Plaintiff is cautioned that this action may be dismissed if service of process is not timely accomplished. See Fed. R. Civ. P. 4(m).

4. Plaintiff shall serve a copy of this order and a copy of the form "Consent to Proceed Before United States Magistrate Judge" concurrently with service of process, and file with the Clerk a certificate of such service.

5. Failure to comply with the Federal Rules of Civil Procedure or Local Rules of Practice for the United States District Court, Eastern District of California, or orders of this court, may result in dismissal of this action. Even parties without counsel will be expected to comply with the procedural rules.

6. A Status (Pretrial Scheduling) Conference is set for August 8, 2012 at 10:00 a.m. in courtroom no. 26 before the undersigned. All parties shall appear by counsel or in person if acting without counsel.

7. Not later than fourteen (14) days prior to the Status Conference, the parties shall file status reports*fn2 addressing the following matters:

a. Service of process;

b. Possible joinder of additional parties;

c. Any expected or desired amendment of ...


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