Doe v. United States

Filing 16

ORDER REQUIRING PLAINTIFF TO FILE NOTICE OF STATUS OF SERVICE DEADLINE: OCTOBER 16, 2020 signed by Magistrate Judge Stanley A. Boone on 10/14/2020. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN DOE,
Plaintiff,

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Case No. 1:20-cv-01052-NONE-SAB
ORDER REQUIRING PLAINTIFF TO FILE
NOTICE OF STATUS OF SERVICE

v.
DEADLINE: OCTOBER 16, 2020

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UNITED STATES,
Defendant.

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John Doe (“Plaintiff”), a federal prisoner, filed this action pursuant to the Federal Tort

18 Claims Act alleging claims of negligence on July 29, 2020. (ECF No. 1.) On July 30, 2020, the
19 summons and the order setting the mandatory scheduling conference issued. (ECF Nos. 6, 7.)
20 The mandatory scheduling conference is set for October 29, 2020. (ECF No. 6.) Pursuant to the
21 order setting the mandatory scheduling conference, Plaintiff was ordered to diligently pursue
22 service of the summons and complaint in compliance with Rule 4 of the Federal Rules of Civil
23 Procedure and promptly file a proof of service. (Id. at 1.) Plaintiff was advised that the failure to
24 timely serve the complaint may result in the imposition of sanctions, including dismissal of the
25 unserved defendant. (Id. at 1-2.)
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Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure,

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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

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specified time. But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period.

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Here, the time for service to be effected is quickly approaching and the mandatory

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4 scheduling conference is set for October 29, 2020, but Plaintiff has yet to file proof that that
5 complaint in this action has been served.
Accordingly, IT IS HEREBY ORDERED that, on or before October 16, 2020, Plaintiff

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7 shall file notice of the status of service on the defendants in this action. Plaintiff is advised that
8 failure to comply with this order may result in the issuance of sanction, up to and including
9 dismissal of this action.
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IT IS SO ORDERED.

12 Dated:

October 14, 2020
UNITED STATES MAGISTRATE JUDGE

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