Nunn v. Fenswick et al
ORDER TO SHOW CAUSE re dismissal for failure to serve Defendant Fenswick diligently. Show Cause Response due by 4/18/2012.Signed by Magistrate Judge Nandor J. Vadas on April 11, 2012. (njvlc2, COURT STAFF) (Filed on 4/11/2012)
Not For Publication
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
WESLEY I. NUNN,
No. CV 11-1545 NJV
ORDER TO SHOW CAUSE RE:
DISMISSAL FOR FAILURE TO SERVE
DEFENDANT FENSWICK DILIGENTLY
JENNIFER M. FENSWICK, MELISSA A.
LEBLANC, and DOES 1 THROUGH 10,
In its March 28, 2012 Order, the Court lifted the stay previously entered in this action,
dismissed the claims against defendant Melissa LeBlanc with prejudice, denied Plaintiff Wesley
Nunn’s motion for an extension of time in which to serve defendant Jennifer Fenswick, and denied
Nunn’s motion to serve Fenswick by publication. Doc. No. 26. In addition, the Court noted that the
120-day deadline for serving Fenswick (Fed. R. Civ. P. 4(m)) would expire in ten days from the
filing of the Order. Doc. No. 26 at 6-7. That deadline expired on April 9, 2012. Nunn has not filed
a proof of service with the Court. Accordingly, Nunn is ordered to show cause why the claims
against Fenswick should not be dismissed, without prejudice, for failure to serve her within 120
days. Nunn shall file any response to this Order on or before April 18, 2012. The Court will take
the matter under submission without a hearing.
Dated: April 11, 2012
NANDOR J. VADAS
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?