Asencion Gines Dominguez v. Abel De Luna et al

Filing 9

(In Chambers) Order to Show Cause by Judge George H. King. On June 24, 2016, pro se Plaintiff Asencion Gines Dominguez filed this action against Defendants Abel De Luna, Ruben Mondragon, Victor Paramo, Julio Flores, Enrique Facio, Patricia Guerrero , Care More Health Services, Inc., and Does 1-10. (Dkt. 1.) Pursuant to Federal Rule of Civil Procedure 4(m) a defendant must be served with the summons and complaint "within 90 days after the complaint is filed," or we "must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). It has been more than 90 days since the Complaint was filed, and Plaintiff has not filed proof of service as to a ny Defendant. Accordingly, Plaintiff is hereby ORDERED to file proper proof of service as to each Defendant within 14 days hereof or else show cause in writing, within the same 14 days, why proper service was not effected. Failure to timely or adequately file proof of service or show cause as set forth above, SHALL be deemed Plaintiff's abandonment of this action, and this action will be dismissed without prejudice for failure to prosecute and failure to comply with our Order. (pso)

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E-Filed UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 16-4594-GHK (PLAx) Title Asencion Gines Dominguez v. Abel De Luna, et al. Presiding: The Honorable Date October 11, 2016 GEORGE H. KING, U.S. DISTRICT JUDGE Paul Songco N/A N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants: None None Proceedings: (In Chambers) Order to Show Cause On June 24, 2016, pro se Plaintiff Asencion Gines Dominguez filed this action against Defendants Abel De Luna, Ruben Mondragon, Victor Paramo, Julio Flores, Enrique Facio, Patricia Guerrero, Care More Health Services, Inc., and Does 1-10. (Dkt. 1.) Pursuant to Federal Rule of Civil Procedure 4(m) a defendant must be served with the summons and complaint “within 90 days after the complaint is filed,” or we “must dismiss the action without prejudice against that defendant or order that service be made within a specified time.” Fed. R. Civ. P. 4(m). It has been more than 90 days since the Complaint was filed, and Plaintiff has not filed proof of service as to any Defendant. Accordingly, Plaintiff is hereby ORDERED to file proper proof of service as to each Defendant within 14 days hereof or else show cause in writing, within the same 14 days, why proper service was not effected. Failure to timely or adequately file proof of service or show cause as set forth above, SHALL be deemed Plaintiff’s abandonment of this action, and this action will be dismissed without prejudice for failure to prosecute and failure to comply with our Order. IT IS SO ORDERED. : Initials of Deputy Clerk CV-90 (06/04) CIVIL MINUTES - GENERAL PS Page 1 of 1

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