Free v. Peikar et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:17-cv-00159-AWI-MJS (PC)
DR. NADER PEIKAR, et al.,
ORDER REQUIRING PLAINTIFF TO
SHOW CAUSE WHY DEFENDANT
METTRI SHOULD NOT BE DISMISSED
THIRTY (30) DAY DEADLINE
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.)
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
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
court--on motion or on its own after notice to the plaintiff--must dismiss the action without
prejudice against that defendant or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must extend the time for
service for an appropriate period.”
Here, service of the complaint is overdue. Accordingly, Plaintiff will be required,
within thirty days of the date of this order, to either serve Defendant Mettri and file proof
of service with the Court, or show cause why Defendant Mettri should not be dismissed
without prejudice for failure to serve him in compliance with Rule 4(m). If Plaintiff either
fails to respond to this order or responds but fails to show cause, the Court will
recommend that Defendant Mettri be dismissed from the action.
Based on the foregoing, it is HEREBY ORDERED that:
1. Within thirty (30) days from the date of service of this order, Plaintiff shall
either serve Defendant Mettri and file proof of service with the Court, or
show cause why Defendant Mettri should not be dismissed from this
2. If Plaintiff fails to respond to this order or fails to show cause, the Court will
recommend that Defendant Mettri be dismissed from this action.
IT IS SO ORDERED.
March 25, 2018
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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?