Torres et al v. County of Madera et al

Filing 56

ORDER to SHOW CAUSE signed by District Judge Lawrence J. O'Neill on 11/15/2011. (Show Cause Response due by 11/18/2011.)(Kusamura, W)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS FERNANDO TORRES, et al.,

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Plaintiffs,

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CASE NO. 1:10-cv-00670 LJO SKO
ORDER TO SHOW CAUSE

vs.
COUNTY OF MADERA, et al.,

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Defendants.

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/

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Plaintiffs filed an amended complaint (the operative complaint) on June 30, 2010. (Doc. 17.)

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Therein, Jesus Hernandez and Nick Rojas, among others, are identified as defendants to this action. It

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appears, however, that service of process was never effectuated on Jesus Hernandez or Nick Rojas. In

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fact, in an order filed April 7, 2011, the magistrate judge assigned to this case noted this deficiency and

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warned Plaintiffs that the defendants would be dismissed pursuant to Federal Rule of Civil Procedure

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4(m) unless service of process was effectuated by April 18, 2011. (Doc. 38.) Despite this warning, it

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appears that Plaintiffs have still not effectuated service on Jesus Hernandez or Nick Rojas.

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Accordingly, IT IS HEREBY ORDERED that by November 17, 2011, Plaintiffs shall provide

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the Court a status report regarding this service issue and show cause why Jesus Hernandez and Nick

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Rojas should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). If either this order is

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ignored or good cause is not sated, these two defendants will be dismissed sua sponte on November 18,

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2011.

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IT IS SO ORDERED.
Dated:
b9ed48

November 15, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE