Irvin v. Yates, et al.

Filing 117

ORDER to SHOW CAUSE Why Defendant Guthery should not be Dismissed Pursuant to Federal Rule of Civil Procedure 4(M); Show Cause Response Due within Thirty Days signed by Magistrate Judge Stanley A. Boone on 9/15/2015. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

KAJAUNA KENYATTA IRVIN,

12
13
14

15

Plaintiff,
v.
JAMES A YATES, et al.,
Defendants.

16
17
18
19

)
)
)
)
)
)
)
)
)
)

Case No.: 1:10-cv-01940-AWI-SAB (PC)
ORDER TO SHOW CAUSE WHY DEFENDANT
GUTHERY SHOULD NOT BE DISMISSED
PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 4(M)
[ECF Nos. 103, 104]

Plaintiff Kajauna Kenyatta Irvin is appearing pro se in this civil rights action pursuant to 42
U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”).
On July 22, 2015, the USM-285 form was returned unexecuted as to Defendant Ernest

20

Guthery. (ECF No. 103.) It is noted that on February 6, 2015, the USM-285 form was sent to a

21

California Department of Corrections and Rehabilitation (CDCR) special investigator. On February 9,

22

2015, it was noted that the CDCR was unable to identify this Defendant. (ECF No. 103.)

23

On July 23, 2015, Plaintiff was granted thirty days to attempt service of process on Defendant

24

Guthery. (ECF No. 104.) More than thirty days have passed and there is no indication that Defendant

25

Guthery has been served.

26

Accordingly, within thirty (30) days from the date of service of this order, Plaintiff shall show

27

cause why Defendant Guthery should not be dismissed from the action pursuant Rule 4(m) of the

28

Federal Rules of Civil Procedure. The failure to respond to this order and/or failure show cause why
1

1

Defendant Guthery should not be dismissed pursuant Rule 4(m) will result in dismissal of Defendant

2

Guthery.

3
4

IT IS SO ORDERED.

5

Dated:

6

September 15, 2015
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2