McCoy v. Spidle et al

Filing 92

ORDER to SHOW CAUSE for the Lack of Service on Defendant McNamara and an Appropriate Period of Time to Extend Completion of Service, signed by District Judge David C. Bury on 1/8/2009. If Good Cause is not shown, the Court may Dismiss Defendant McNamara from this Action. Show Cause Response due by 2/5/2009. (Jessen, A)

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1 2 3 4 5 6 7 8 9 10 11 DAVON E. MCCOY, 12 Plaintiff, 13 v. 14 R. SPIDLE, et al., 15 Defendants. 16 17 Plaintiff, a prisoner, proceeds pro se under 28 U.S.C. § 1915(d). On June 24, 2008, the ORDER Case No. 1:07-cv-00198-DCB IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 18 Court issued an Order directing the United States Marshal to re-service the Plaintiff's Complaint 19 and Summons on Defendant McNamara. For the second time, on December 16, 2008, the 20 Marshal sent a request to the Office of Legal Affairs (OLA) for service information on Defendant 21 McNamara. On December 18, 2008, the OLA responded that it was unable to locate Defendant 22 McNamara. Rule 4(m) of the Federal Rules of Civil Procedure provides that a defendant must be 23 served within 120 days of the filing of the Complaint, or the Court must dismiss the action 24 without prejudice against that defendant or order that service be made within a specified time. 25 Upon a showing of good cause, the Court may extend the time for service for an appropriate 26 period. 27 28 Accordingly, IT IS ORDERED that this action shall be dismissed without prejudice as to Defendant 1 1 McNamara unless the Plaintiff can show good cause for the lack of service and an extension of 2 time to time to complete service, and an appropriate period of time for the extension. 3 IT IS FURTHER ORDERED that the Plaintiff has 20 days from the filing date of this 4 Order to file a written memorandum to show good cause for an extension of time to serve 5 Defendant McNamara. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED this 8th day of January, 2009. 2

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