Gleason v. Glasscock, et al

Filing 30

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/5/11 ORDERING the 4/5/11 order to show cause is discharged; Plaintiff's request for an extension of time to serve Glasscock is granted; Plaintiff has until 6/17/11 to serve Glasscock and fi le a proof of such service with the court; and Failure of plaintiff to comply with this order may result in a recommendation that defendant Glasscock and/or this action be dismissed for failure to follow court orders, for failure to effect service of process within the time prescribed and/or for lack of prosecution.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK GLEASON,

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Plaintiff,

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No. CIV S-10-2030 MCE EFB PS

vs.

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ANNE GLASSCOCK,

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Defendant.
_____________________________/

ORDER

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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On April 5,

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2011, the undersigned noted that “[i]t does not appear from the court file that plaintiff has yet

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properly effected service of process on defendant Glasscock” and therefore ordered plaintiff to

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show cause why Glasscock should not be dismissed, and as a result, this case be dismissed in its

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entirety, for failure to effect service of process within the time prescribed by Rule 4(m).

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On April 25, 2011, plaintiff filed a timely response to the order to show cause indicating

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that plaintiff mistakenly believed that he had effected service of process on Glasscock in August

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2010 and requesting that this court grant an extension of the time for service, as provided in Rule

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4(m), so that he can “correct his service on Ms. Glasscock at the earliest possible moment.”

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Dckt. No. 27.
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Rule 4(m) provides that “[i]f service of the summons and complaint is not made upon a

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defendant within 120 days after the filing of the complaint, the court, upon motion or on its own

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initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that

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defendant or direct that service be effected within a specified time; provided that if the plaintiff

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shows good cause for the failure, the court shall extend the time for service for an appropriate

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period.” Here, although the 120 period for service has expired, plaintiff has shown good cause

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for a limited extension of time to serve Glasscock.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The April 5, 2011 order to show cause is discharged;

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2. Plaintiff’s request for an extension of time to serve Glasscock is granted;

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3. Plaintiff has until June 17, 2011 to serve Glasscock and file a proof of such service

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with the court; and
4. Failure of plaintiff to comply with this order may result in a recommendation that

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defendant Glasscock and/or this action be dismissed for failure to follow court orders, for failure

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to effect service of process within the time prescribed by Rule 4(m), and/or for lack of

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prosecution under Rule 41(b).

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SO ORDERED.

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DATED: May 5, 2011.

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