Mitchell et al v. Culver et al

Filing 6

FED. R. CIV. P. 4(M) NOTICE signed by Judge Garland E. Burrell, Jr. on 5/12/2015 ORDERING that Plaintiffs are GRANTED an extension under Federal Rule of Civil Procedure ("Rule") 4(m) to effectuate service on each Defendant until and inclu ding 5/18/2015. Plaintiffs are notified under Rule 4(m) that failure to serve each Defendant with process by 5/18/2015, may result in the unserved defendant(s) and/or this action being dismissed. To avoid dismissal, on or before 5/18/2015, Plaintiffs shall file proof of service or a filing providing sufficient explanation why service was not completed within the extended service period. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACK MITCHELL, JR.; AND MARJA
MITCHELL,
Plaintiffs,

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v.

No.

2:15-cv-00058-GEB-CMK

FED. R. CIV. P. 4(M) NOTICE

STEVEN CULVER., individually
and as a Federal Ranger;
BRIAN J.DENSMORE,
individually and as a Federal
Ranger,
Defendants.

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Plaintiffs state in the Response to Order to Show Cause
filed April 24, 2015 (“Resp.”) in relevant part as follows:
Jack and Marja Mitchell filed a civil
rights case against certain federal officers
who were located at Whiskeytown National
Recreation Area, Brian Densmore and Steven
Culver. . . .
Upon attempting to serve the Defendants
it was discovered that both Defendants had
relocated. Densmore . . . had moved twice,
once to Ranier National Park and subsequently
to the Olympic National Park in a remote
location of the Olympic Peninsula. Culver had
relocated to a remote location in Northern
Nevada, near Ely Nevada. No private process
servers will serve in these two locations.
Plaintiffs
are
hiring
local
law
enforcement in both locations to affect
service on the Defendants. Said service is
expected to be completed on or before May 11,
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2015.
(Resp. 1:16-2:2, ECF No. 5.)
In

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light

of

Plaintiffs’

service

representations,

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Plaintiffs are granted an extension under Federal Rule of Civil

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Procedure (“Rule”) 4(m) to effectuate service on each Defendant

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until and including May 18, 2015. Plaintiffs are notified under

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Rule 4(m) that failure to serve each Defendant with process by

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May

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defendant(s)

18,

2015,

may

and/or

result
this

in

may

action

result

being

in

the

dismissed.

unserved
To

avoid

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dismissal, on or before May 18, 2015, Plaintiffs shall file proof

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of

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service was not completed within the extended service period.

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Dated:

service

or

a

filing

providing

May 12, 2015

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sufficient

explanation

why