Nunn v. Fenswick et al

Filing 29

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)

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1 2 3 Not For Publication 4 5 UNITED STATES DISTRICT COURT 6 7 NORTHERN DISTRICT OF CALIFORNIA 8 EUREKA DIVISION 9 United States District Court For the Northern District of California 10 WESLEY I. NUNN, 11 12 13 14 No. CV 11-1545 NJV Plaintiff, ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO SERVE DEFENDANT FENSWICK DILIGENTLY v. JENNIFER M. FENSWICK, MELISSA A. LEBLANC, and DOES 1 THROUGH 10, Defendants. 15 / 16 17 In its March 28, 2012 Order, the Court lifted the stay previously entered in this action, 18 dismissed the claims against defendant Melissa LeBlanc with prejudice, denied Plaintiff Wesley 19 Nunn’s motion for an extension of time in which to serve defendant Jennifer Fenswick, and denied 20 Nunn’s motion to serve Fenswick by publication. Doc. No. 26. In addition, the Court noted that the 21 120-day deadline for serving Fenswick (Fed. R. Civ. P. 4(m)) would expire in ten days from the 22 filing of the Order. Doc. No. 26 at 6-7. That deadline expired on April 9, 2012. Nunn has not filed 23 a proof of service with the Court. Accordingly, Nunn is ordered to show cause why the claims 24 against Fenswick should not be dismissed, without prejudice, for failure to serve her within 120 25 days. Nunn shall file any response to this Order on or before April 18, 2012. The Court will take 26 the matter under submission without a hearing. 27 28 Dated: April 11, 2012 ____________________ NANDOR J. VADAS United States Magistrate Judge

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