Torranze J'von Rabb v. Elvin Valenzuela

Filing 8

ORDER TO SHOW CAUSE REGARDING FAILURE TO SERVE SUMMONS AND COMPLAINT by Magistrate Judge Andrew J. Wistrich. 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. IT IS SO ORDERED. (mz)

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

Case No. CV 14-6876 AG (AJW)

Date: January 5, 2015

Title: Torranze J’von Rabb v. Elvin Valenzuela, Warden
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PRESENT:

HON.

ANDREW J. WISTRICH, MAGISTRATE JUDGE
Ysela Benavides
Deputy Clerk

ATTORNEYS PRESENT FOR PLAINTIFFS:
None Present

Court Reporter
ATTORNEYS PRESENT FOR DEFENDANTS:
None Present

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.
cc:
Parties

CIVIL MINUTES - GENERAL

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