Wesley Kane Campbell v. Lee Roy Baca et al

Filing 6

ORDER TO SHOW CASE REGARDING DISMISSAL by Magistrate Judge Andrew J. Wistrich. Response to Order to Show Cause declaration under penalty of perjury due by 12/20/2013. (yb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No. CV13-4008 GW (AJW)

Date: December 3, 2013

Title: Wesley Kane Campbell v. Lee Baca, et al.
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PRESENT:

HON.

ANDREW J. WISTRICH, MAGISTRATE JUDGE

Ysela Benavides
Deputy Clerk

Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None Present

ATTORNEYS PRESENT FOR DEFENDANTS:
None Present

Order to Show Cause Regarding Dismissal
Plaintiff paid the filing fee and filed a civil rights complaint pro se on July 22, 2013. Plaintiff was not
imprisoned when he filed the complaint.
“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).
More than 120 days have elapsed since the complaint was filed. Plaintiff has not filed a proof of service
of the summons and complaint as to any defendant. Accordingly, plaintiff shall have to and including
December 20, 2013 in which to file a declaration under penalty of perjury, with supporting exhibits
if needed, establishing good cause for his failure to effect 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.
cc:
Parties

CIVIL MINUTES - GENERAL

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