Altmann et al v. Kennedy Funding, Inc. et al

Filing 5

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 03/03/11 ORDERING plf shall SHOW CAUSE w/i 14 days in writing why this action should not be dismissed for failure to comply with FRCP 4(m). (Benson, A.)

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(PS) Altmann et al v. Kennedy Funding, Inc. et al Doc. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. KENNEDY FUNDING INC., et al., Defendants. / This action was referred to the undersigned pursuant to Local Rule 72-302(c)(21). Pursuant to Federal Rule of Civil Procedure 4(m), the court may dismiss an action where service of summons is not made within 120 days after the filing of the complaint. In the order requiring timely service filed October 5, 2010, plaintiff was cautioned that this action may be dismissed if service was not timely completed. This action was filed October 5, 2010, and plaintiff has not yet served defendants with summons. \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ERNEST ALTMANN, Plaintiff, No. CIV S-10-2702 JAM GGH PS ORDER TO SHOW CAUSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GGH:035 altmann.osc Accordingly, IT IS HEREBY ORDERED that: Plaintiff shall show cause, in writing, within fourteen days from the date of this order, why this action should not be dismissed for failure to comply with Federal Rule of Civil Procedure 4(m). Failure to timely file the required writing will result in a recommendation that the case be dismissed. DATED: March 3, 2011 /s/ Gregory G. Hollows GREGORY G. HOLLOWS U. S. MAGISTRATE JUDGE 2

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