Cantu v. Garcia et al

Filing 20

ORDER to SHOW CAUSE Why Case should not be Dismissed signed by Magistrate Judge Gerald B. Cohn on 6/6/2011. Show Cause Response due by 7/11/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA J. CANTU,

CASE NO.

1:09-cv-00177-GBC (PC)

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Plaintiff,
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v.

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED

CORRECTIONAL OFFICER M. GARCIA,
et al.,

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RESPONSE DUE JULY 11, 2011
Defendants.

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/

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Plaintiff Joshua J. Cantu (“Plaintiff”) is a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. On November 29, 2010, the Court issued an
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Order requiring that Plaintiff serve his First Amended Complaint on Defendant M. Garcia.
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(ECF No. 14.) Plaintiff was ordered to serve the complaint within 120 days pursuant to
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Federal Rule of Civil Procedure 4(m). (Id.) Plaintiff was warned that failure to complete
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service of process on Defendant would result in the dismissal of this action. (Id. at p. 3.)
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Plaintiff was also given a copy of Federal Rule of Civil Procedure 4 as an attachment to the
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Order. (ECF No. 14-3.) Plaintiff moved for and was granted one 60-day extension of time
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to complete service. (ECF Nos. 18 & 19.)
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As Plaintiff is not proceeding in forma pauperis in this action, he may not rely on the
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United States Marshal or the officers of the Court for service. Cf. 28 U.S.C. § 1915(d);
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Fed.R.Civ.P. 4(c)(2). Plaintiff is responsible for service on Defendant. Thus far, Defendant
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Garcia has not made an appearance in this action and there is no indication in any of the
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papers filed with the Court that Defendant Garcia has been served with the summons or
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complaint in accordance with the Federal Rules of Civil Procedure.

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At stated above, Plaintiff shall bear in mind that Rule 4(m) of the Federal Rules of

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Civil Procedure requires service of the summons and complaint upon Defendant within 120

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days after the filing of the Complaint. Fed.R.Civ.P. 4(m). Failure to do so may result in

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dismissal of the action without prejudice as to that Defendant.

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Accordingly, by July 11, 2011, Plaintiff is ORDERED to show cause why his case

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should not be dismissed without prejudice. Failure to comply by July 11, 2011 will result

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in the dismissal of this action.

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IT IS SO ORDERED.

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Dated:
1j0bbc

June 6, 2011
UNITED STATES MAGISTRATE JUDGE

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