Hopson v. Kapiniaris, et al

Filing 13

ORDER signed by Judge Kimberly J. Mueller on 2/24/14 ORDERING that defendant Frank Kapiniaris is DISMISSED from the action for plaintiff's failure to timely effect service. Plaintiff is directed to seek entry of default and move for default judgment against defendant Luis Angel Ramirez Gomez within 30 days of the date of this order. Failure to do so will result in dismissal of the action. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM HOPSON,

No. 2:13-cv-01561-KJM-DAD

12
Plaintiff,
13
14
15
16

v.

ORDER

LUIS ANGEL RAMIREZ GOMEZ, et al.,
Defendants.

17
18

The court has previously issued plaintiff two orders to show cause. ECF Nos. 8,

19

10. In the first, erroneously stating that defendants had been served on July 31, 2013, the court

20

ordered plaintiff to explain why the matter should not be dismissed for failure to prosecute.

21

ECF No. 8. Responding, plaintiff filed a declaration attesting that as of January 29, 2014,

22

“plaintiff’s process server was still attempting to perfect service.” Malakauskas Decl. ¶ 2, ECF

23

No. 9. Accordingly, the court discharged the order. ECF No. 10.

24

In discharging the first order, however, the court simultaneously issued a

25

second, ordering plaintiff to now explain why he had failed to timely effect service as required

26

under Federal Rule of Civil Procedure 4(m). Id. In response, plaintiff filed only a proof of

27

service showing that one of the two named defendants, Luis Angel Ramirez Gomez, had been

28

served on August 2, 2013. ECF No. 11.
1

1

Accordingly, defendant Frank Kapiniaris is dismissed from the action for

2

plaintiff’s failure to timely effect service. Plaintiff is directed to seek entry of default and move

3

for default judgment against defendant Luis Angel Ramirez Gomez within thirty days of the

4

date of this order. Failure to do so will result in dismissal of the action.

5
6

IT IS SO ORDERED.
Dated: February 24, 2014.

7
8
9

UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2