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Rabb v. Valenzuela

United States District Court, C.D. California

January 5, 2015

Torranze J'von Rabb
v.
Elvin Valenzuela, Warden

CIVIL MINUTES-GENERAL

HON. ANDREW J. WISTRICH, MAGISTRATE JUDGE.

Order to Show Cause Regarding Failure to Serve Summons and Complaint

Plaintiff paid the filing fee and filed a civil rights complaint pro se in the Southern District of California on August 21, 2014. The action subsequently was transferred to this district, and a summons was issued. To date, no proof of service of the summons and complaint has been filed.

" The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service." Fed.R.Civ.P. 4(c)(1). If a defendant is not served within 120 days after the complaint is filed, the court " must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." Fed.R.Civ.P. 4(m).

Plaintiff shall have to and including Monday, January 26, 2015 in which to file a proof of service of the summons and complaint upon defendant(s) or, alternatively, a declaration under penalty of perjury, with supporting exhibits if needed, establishing good cause for his failure to accomplish timely service of process in accordance with Rule 4.

Plaintiff is cautioned that failure to respond to this order within the time allowed, or failure to show good cause as described in this order, may lead to the dismissal of this action.

IT IS SO ORDERED.


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