Khan v. City of Lodi

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/11/18 ORDERING that Plaintiff shall have an unspecified amount of time to effect service of the complaint on the condition that he notify the court 60 days from the date of this Order, and every 60 days thereafter, of the status of his pending state action; Plaintiff is warned that failure to provide the notices required above may result in a recommendation that this matter be dismissed with prejudice. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MUDDSAR KHAN,

12

Plaintiff,

13
14

No. 2:17-cv-02169-MCE-GGH

v.

ORDER

M. HITCHCOCK, Officer, et. al.,

15

Defendants.

16
Plaintiff appears in this action in pro se and in forma pauperis. On March 14, 2018 the

17
18

court extended plaintiff’s time to effect service of his amended complaint for a period of 30 days.

19

ECF No. 13. At the end of that 30 day period plaintiff sought another extension of time to so

20

serve, but left the time period for the extension he sought open-ended stating that the prosecutor

21

in a state court action still had failed to proceed with trial and plaintiff was unable to determine

22

when that action would proceed.
In light of plaintiff’s explanation of the circumstances underlying his request, the court

23
24

will extend time without a final end date upon which service must be effected,1 so long as

25

plaintiff notifies the court every 60 days of the status of the pending state action. Upon notice

26
27
28

1

This relief from the duty to serve the complaint cannot, however, go on endlessly and, at some
point, it may become necessary for the court to dismiss the complaint for failure to prosecute,
after giving plaintiff notice and an opportunity to complete service.
1

1

that the state case has been resolved the court will provide service instructions.

2

Good cause appearing therefor IT IS HEREBY ORDERED that:

3

1.

Plaintiff shall have an unspecified amount of time to effect service of the

4

complaint in this matter on the condition that he notify the court 60 days from the date of this

5

Order, and every 60 days thereafter, of the status of his pending state action.

6
7
8
9
10
11

2.

Plaintiff is warned that failure to provide the notices required above may result in a

recommendation that this matter be dismissed with prejudice.
IT IS SO ORDERED.
Dated: April 11, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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