Benson v. Davis Enterprise Newspaper et al

Filing 188

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/17/13 ordering plaintiff's counsel shall submit a status report within 7 days explaining whether defendants have been served and if not, what efforts he has made to serve them. If servic e has not been completed, plaintiff shall show cause why the claims against those defendants should not be dismissed. Counsel for plaintiff shall, within 7 days, inform the court whether he has been able to communicate with plaintiff regarding the pending motions. Counsel shall also inform the court as to whether he intends to modify or supplement plaintiff's motions with any additional briefing. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY JAMISON,

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No. 2:10-cv-0124-KJM-EFB P

Plaintiff,

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v.

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BAILLIE, et al.,

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ORDER DIRECTING PLAINTIFF’S
COUNSEL TO FILE A STATUS REPORT
Defendants.

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Plaintiff is a state prisoner proceeding through counsel in this civil rights action.

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On December 6, 2012, counsel for plaintiff indicated he would be completing service of

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process for defendants Garza and Rodriguez. ECF. No. 171. More than enough time has passed,

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but there is no indication from the docket that defendants have been served. Counsel is reminded

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that Rule 4(m) of the Federal Rules of Civil Procedure requires that an action be dismissed as to a

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defendant not served within 120 days after filing the complaint, unless the time is enlarged based

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upon a demonstration of good cause. Plaintiff’s counsel shall submit a status report, within seven

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days, explaining whether defendants have been served and if not, what efforts he has made to

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serve them. If service has not been completed, plaintiff shall show cause why the claims against

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those defendants should not be dismissed pursuant to Fed. R. Civ. P. 4(m).

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In addition, plaintiff has filed numerous documents without the assistance of counsel,

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some of which claim that he is being denied essential medical treatment and faces immediate

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harm. See ECF Nos. 181-187. Plaintiff also indicates he has been unable to reach his attorney.

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ECF No. 183-3. Counsel for plaintiff shall, within seven days, inform the court whether he has

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been able to communicate with plaintiff regarding the pending motions. Counsel shall also

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inform the court as to whether he intends to modify or supplement plaintiff’s motions with any

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additional briefing.

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So ordered.

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Dated: July 17, 2013.

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