Bochene v. MFRA Trust 2014-2, MF Residential Accets, LLC, et al

Filing 38

ORDER signed by Magistrate Judge Deborah Barnes on 5/31/18, ORDERING that Plaintiff is granted 28 days from the date of this order to serve defendant U.S. Bank in compliance with Rule 4 of the Federal Rules of Civil Procedure. Within 7 days of serving defendant U.S. Bank plaintiff shall file proof of service. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BOCHENE,

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Plaintiff,

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No. 2:17-cv-0768 TLN DB PS

v.

ORDER

MFRA TRUST 2014-2,
MFRESIDENTIALASSETS, LLC AS
ADMINISTRATOR, et al.,

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Defendants.

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Plaintiff Anthony Bochene is proceeding in this action pro se. This matter was referred to

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the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
Plaintiff commenced this action on March 6, 2017, by filing a complaint in the Nevada

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County Superior Court. (ECF No. 1-1.) On May 3, 2018, the undersigned issued to plaintiff an

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order to show cause. (ECF No. 36.) Therein, the undersigned noted that defendant U.S. Bank has

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not appeared in this action and ordered plaintiff to show cause as to why that defendant should

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not be dismissed due to a lack of prosecution. Plaintiff filed a response on May 22, 2018. (ECF

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No. 37.) Therein, plaintiff asks that the court not “dismiss U.S. Bank from this lawsuit.” (Id. at

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1.)

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Plaintiff is advised that Rule 4 of the Federal Rules of Civil Procedure (“Rule”) provides

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that if a defendant is not served within 90 days after the complaint is filed the defendant must be
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dismissed from the action without prejudice. (ECF No. 3.) The complaint in this action was filed

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over a year ago and plaintiff has not filed proof of service on defendant U.S. Bank.

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Rule 4(m) provides two avenues for relief. The first is mandatory:
the district court must extend time for service upon a showing of
good cause. The second is discretionary: if good cause is not
established, the district court may extend time for service upon a
showing of excusable neglect.

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Crowley v. Bannister, 734 F.3d 967, 976 (9th Cir. 2013) (quoting Lemoge v. United States, 587

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F.3d 1188, 1198 (9th Cir. 2009)).

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Here, in light of plaintiff’s pro se status, the undersigned will provide plaintiff with a final
extension of time to complete, and file proof of, service on defendant U.S. Bank.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted twenty-eight days from the date of this order to serve defendant

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U.S. Bank in compliance with Rule 4 of the Federal Rules of Civil Procedure;

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2. Within 7 days of serving defendant U.S. Bank plaintiff shall file proof of service; and

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3. Plaintiff is cautioned that the failure to timely comply with this order may result in a

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recommendation that defendant U.S. Bank be dismissed pursuant to Rule 4.

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Dated: May 31, 2018

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DLB:6
DB\orders\orders.pro se\bochene0768.rule4.eot.ord

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