Mitchell et al v. Culver et al
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.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JACK MITCHELL, JR.; AND MARJA
FED. R. CIV. P. 4(M) NOTICE
STEVEN CULVER., individually
and as a Federal Ranger;
individually and as a Federal
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.
enforcement in both locations to affect
service on the Defendants. Said service is
expected to be completed on or before May 11,
(Resp. 1:16-2:2, ECF No. 5.)
Plaintiffs are granted an extension under Federal Rule of Civil
Procedure (“Rule”) 4(m) to effectuate service on each Defendant
until and including May 18, 2015. Plaintiffs are notified under
Rule 4(m) that failure to serve each Defendant with process by
dismissal, on or before May 18, 2015, Plaintiffs shall file proof
service was not completed within the extended service period.
May 12, 2015
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