Free v. Peikar et al

Filing 41

ORDER Requiring Plaintiff to SHOW CAUSE why Defendant Mettri Should Not be Dismissed, signed by Magistrate Judge Michael J. Seng on 3/25/18. Show Cause Response Due Within Thirty Days. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL FREE, 12 Plaintiff, 13 14 CASE NO. 1:17-cv-00159-AWI-MJS (PC) v. DR. NADER PEIKAR, et al., 15 ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY DEFENDANT METTRI SHOULD NOT BE DISMISSED THIRTY (30) DAY DEADLINE Defendants. 16 17 18 19 20 Plaintiff is a federal prisoner proceeding pro se in this civil rights action brought pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). The Court screened Plaintiff’s Eighth Amended Complaint and found that it stated a cognizable claim against Defendants Dr. Peikar, Ms. Mettri, Ms. Fuentes-Arce, and Mr. Tyson. (ECF Nos. 12, 32.) 21 22 23 24 25 26 27 28 Defendants Peikar, Fuentes-Arce, and Tyson have been served and have answered the complaint. (ECF No. 16.) There is no record of service on Defendant Mettri. Plaintiff is not proceeding in forma pauperis in this action. He is required to serve the defendants or obtain a waiver of service, and to file a proof of service with the Court. Fed. R. Civ. P. 4(l). Furthermore, Federal Rule of Civil Procedure 4(m) provides, in pertinent part: “If a defendant is not served within 90 days after the complaint is filed, the 1 court--on motion or on its own after notice to the plaintiff--must dismiss the action without 2 prejudice against that defendant or order that service be made within a specified time. 3 But if the plaintiff shows good cause for the failure, the court must extend the time for 4 service for an appropriate period.” 5 Here, service of the complaint is overdue. Accordingly, Plaintiff will be required, 6 within thirty days of the date of this order, to either serve Defendant Mettri and file proof 7 of service with the Court, or show cause why Defendant Mettri should not be dismissed 8 without prejudice for failure to serve him in compliance with Rule 4(m). If Plaintiff either 9 fails to respond to this order or responds but fails to show cause, the Court will 10 11 recommend that Defendant Mettri be dismissed from the action. Based on the foregoing, it is HEREBY ORDERED that: 12 1. Within thirty (30) days from the date of service of this order, Plaintiff shall 13 either serve Defendant Mettri and file proof of service with the Court, or 14 show cause why Defendant Mettri should not be dismissed from this 15 action; and 16 2. If Plaintiff fails to respond to this order or fails to show cause, the Court will 17 recommend that Defendant Mettri be dismissed from this action. 18 19 20 IT IS SO ORDERED. Dated: March 25, 2018 /s/ 21 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?