Birge et al v. Schwarzenegger et al

Filing 13

ORDER REQUIRING PLAINTIFFS TO SERVE FIRST AMENDED COMPLAINT WITHIN 30 DAYS. Signed by Magistrate Judge Stanley A. Boone on 3/25/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEREK BIRGE, et al.,

Case No. 1:15-cv-01901-LJO-SAB

Plaintiffs,

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ORDER REQUIRING PLAINTIFFS TO
SERVE FIRST AMENDED COMPLAINT
WITHIN THIRTY DAYS

v.

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ARNOLD SCHWARZENEGGER, et al.,

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(ECF No. 11)

Defendants.

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Plaintiffs filed this civil rights action pursuant to 42 U.S.C. § 1983 on December 19,

18 2015. (ECF No. 1.) On December 21, 2015, summonses issued for the defendants in this action.
19 (ECF No. 5.) On March 25, 2016, Plaintiffs filed a first amended complaint. (ECF No. 11.)
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Pursuant to Rule 4 of the Federal Rules of Civil Procedure “[i]f a defendant is not served

21 within 90 days after the complaint is filed, the court -- on motion or on its own after notice to the
22 plaintiff -- must dismiss the action without prejudice against that defendant or order that service
23 be made within a specified time.” Fed. R. Civ. P. 4(m). Plaintiff has not filed a notice that the
24 defendants in this action have been served.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiffs shall serve the summonses and first amended complaint in this action
within thirty days from the date of service of this order; and

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2.

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Failure to comply with this order will result in this action being dismissed for
failure to prosecute.

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IT IS SO ORDERED.

5 Dated:

March 25, 2016
UNITED STATES MAGISTRATE JUDGE

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