Pringle v. Gentry et al

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 1/22/2018 DENYING 10 ex-parte motion to enforce compliance with order regarding service. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAMELA DENISE PRINGLE,

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No. 2:17-cv-02206-GEB-AC

Plaintiff,
v.

ORDER

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AMANDRA GENTRY, et al.,,

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Defendants.

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This matter is before the court on plaintiff’s ex-parte motion to enforce compliance with

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this court’s order regarding service. ECF No. 10. Plaintiff is proceeding in this matter pro se,

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and accordingly this motion was referred to the undersigned pursuant to Local Rule 302(c)(21).

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For the reasons that follow, plaintiff’s request is DENIED as premature.

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I.

RELEVANT FACTUAL AND PROCEDURAL HISTORY

Plaintiff filed her complaint on October 23, 2017. ECF No. 1. On October 30, 2017, the

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court issued an order directing the U.S. Marshal to serve the complaint within 90 days of the

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order. ECF No. 3 at 2.

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II.

THE MOTION

On January 21, 2017, plaintiff filed a motion to compel compliance with the court’s order

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at ECF No. 3, asserting that the U.S. Marshal did not timely effectuate service. ECF No. 10.

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Plaintiff asserts that that the deadline for service was January 21, 2018. Id. at 3. Plaintiff
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requests an extension of the service deadline and an extension of the date set for an initial status

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conference. Id. at 4.

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III.

ANALYSIS

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Plaintiff’s motion is denied because it is premature. Time periods set in days are

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calculated according to Federal Rule of Civil Procedure 6(1). By the court’s calculation, 90 days

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from October 30, 2017 is Sunday, January 28, 2018. Pursuant to Rule 6 (1)(C), because the

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period ends on a Sunday, the U.S. Marshals have until Monday, January 29, 2018 to complete

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service. Thus, plaintiff’s motion is premature.

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IV.

CONCLUSION

For the reasons stated above, the court DENIES plaintiff’s motion, ECF No. 10, without
prejudice as premature.
IT IS SO ORDERD.
DATED: January 22, 2018

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