Quiroga v. Chapa
Filing
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ORDER signed by Magistrate Judge Stanley A. Boone on 12/12/2016 vacating 22 Order to Show Cause. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MONICO J. QUIROGA,
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Plaintiff,
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v.
C. CHAPA,
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Defendant.
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Case No. 1:16-cv-00071-SAB (PC)
ORDER VACATING ORDER TO SHOW
CAUSE ISSUED OCTOBER 7, 2016
[ECF No. 22]
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. §
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1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United States
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Magistrate Judge on February 16, 2016. Local Rule 302.
This action is proceeding on Plaintiff’s first amended complaint against Defendant C. Chapa
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for sexual assault in violation of the Fourteenth Amendment. On May 23, 2016, the Court ordered the
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United States Marshal to service the summons and complaint on Defendant Chapa. However, the
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Marshal was not able to locate Defendant Chapa and service was returned un-executed on October 6,
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2016.
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On October 7, 2016, the Court issued an order for Plaintiff to show cause why the action
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should not be dismissed under Federal Rule of Civil Procedure 4(m) for failure to serve Defendant
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Chapa. On December 2, 2016, Plaintiff filed a response to the order to show cause.
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By way of separate order, the Court will issue a second order directing the United States
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Marshal to attempt re-service in this action on Defendant C. Chapa and demonstrate that all available
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avenues were exhausted in attempting to serve C. Chapa.
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IT IS SO ORDERED.
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Dated:
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December 12, 2016
UNITED STATES MAGISTRATE JUDGE
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