(PC) McDaniel v. Lizarraga et al

Filing 53

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/13/2020 ORDERING plaintiff to show cause, within 14 days, why defendant Dr. Crooks should not be dismissed from this action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LEON MCDANIEL,

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No. 2:19-cv-1136 JAM KJN P

Plaintiff,
v.

ORDER TO SHOW CAUSE

JOE LIZARRAGA, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. On December 11, 2019, plaintiff

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was granted ninety days in which to accomplish service of process on the remaining defendants.

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(ECF No. 12.) To date, all defendants have appeared in this action except for defendant Dr.

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Crooks. On June 4, 2020, plaintiff filed a proof of service, to which he appended a document

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docketed as “Exhibit Non Service Crooks,” and entitled, “Declaration of Diligence,” which sets

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forth failed efforts to personally serve Dr. Crooks.

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Rule 4(m) of the Federal Rules of Civil Procedure provides that if a defendant is not

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served within 90 days after the complaint is filed, the court must dismiss the action without

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prejudice against the defendant or order that service be made within a specified time. Fed. R.

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Civ. P. 4(m).

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Plaintiff has not sought a further extension of time in which to serve Dr. Crooks, and the
undersigned is unaware of any other efforts plaintiff has undertaken to locate Dr. Crooks, for

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example, through discovery, the California Public Records Act, Calif. Gov’t. Code § 6250, et

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seq., or other means available to plaintiff.

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Accordingly, IT IS HEREBY ORDERED that plaintiff show cause, within fourteen days,

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why defendant Dr. Crooks should not be dismissed from this action. Fed. R. Civ. P. 4(m).

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Dated: October 13, 2020

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/mcda1136.osc

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