Darrell Parks v. Wren et al

Filing 71

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROPERLY SERVE DEFENDANT by Magistrate Judge Jay C. Gandhi. Plaintiff is ORDERED TO SHOW CAUSE, in writing and by March 9, 2018, why this action should not be dismissed for failure to effectuate proper service on Defendant. (kh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

ED CV 12-1353 SVW (JCG)

Title

Darrell Parks v. Wren, et al.

Present: The Honorable

Date

February 9, 2018

Jay C. Gandhi, United States Magistrate Judge

Kristee Hopkins

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

None Appearing

None Appearing

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE TO PROPERLY
SERVE DEFENDANT

The Court is in receipt of Defendant R. Villegas (“Defendant”)’s Waiver of
Service of Summons. [Dkt. No. 67.]
However, under Rule 4(i)(3), a party who sues an employee of the United States in
an individual capacity for acts or omissions occurring in connection with duties
performed on behalf of the United States, must also serve the United States. Fed. R. Civ.
P. 4(i)(3). “To serve the United States, a party must: (A)(i) deliver a copy of the
summons and of the complaint to the United States attorney for the district where the
action is brought—or to an assistant United States attorney or clerical employee whom
the United States attorney designates in a writing filed with the court clerk—or
(ii) send a copy of each by registered or certified mail to the civil-process clerk at the
United States attorney’s office; (B) send a copy of each by registered or certified mail to
the Attorney General of the United States at Washington, D.C.; and (C) if the action
challenges an order of a nonparty agency or officer of the United States, send a copy of
each by registered or certified mail to the agency or officer [in this case, the Bureau of
Prisons].” Fed. R. Civ. P. 4(i)(1).
Here, although Defendant has signed a waiver of service of summons, [see Dkt.
No. 67], there is no evidence that Plaintiff has properly served the United States in the
manner required by Fed. R. Civ. P. 4. Accordingly, Plaintiff is ORDERED TO SHOW
CAUSE, in writing and by March 9, 2018, why this action should not be dismissed for
failure to effectuate proper service on Defendant. If Plaintiff serves his summons and
complaint in the manner required by Rule 4(i) of the Federal Rules of Civil Procedure
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

ED CV 12-1353 SVW (JCG)

Title

Date

February 9, 2018

Darrell Parks v. Wren, et al.

and files proofs of service with the Court on or before March 9, 2018, he need not
separately respond to this Order to Show Cause. Plaintiff is cautioned that his failure to
timely file a response to this Order to Show Cause may result in the dismissal of this
action, without prejudice, for failure to properly effectuate service, prosecute, and/or
comply with court orders.

IT IS SO ORDERED.
00
cc: Parties of Record

CV-90 (06/04)

Initials of Preparer

CIVIL MINUTES - GENERAL

:

00

kh

Page 2 of 2