Benedith v. Department of Medicine et al

Filing 41

ORDER TO SHOW CAUSE. Show Cause Response due by 2/15/2018. Order to Show Cause Hearing set for 2/22/2018 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on January 31, 2018. (wsn, COURT STAFF) (Filed on 1/31/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETER C BENEDITH,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-02853-JST
ORDER TO SHOW CAUSE

v.
DEPARTMENT OF MEDICINE, et al.,
Defendants.

Plaintiff Peter C. Benedith’s complaint was filed on May 17, 2017 but has not yet been
properly served. ECF No. 1. Summons issued on November 7, 2017. ECF No. 7. On December

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12, 2017, Plaintiff filed a “Proof of Service,” which indicated that he mailed the summons and

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complaint to the “writ department of Cuyahoga County OH Sheriff office,” requesting personal

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service, but there is no indication that personal service was effected (there is a blank next to

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“Server’s signature” and “Date” on the proof of service). ECF No. 35. On another identical

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“Proof of Service,” separately filed on December 13, 2017, but that document does not adequately

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describe personal service on any defendant. ECF No. 38. In addition, Peter C. Benedith’s name

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appears next to the server’s signature and name, but Plaintiff cannot personally serve his own

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complaint. ECF No. 38. In sum, the Court concludes that Plaintiff has not properly served the
complaint. Fed. R. Civ. P. 4(m).
On two prior occasions, the Court has ordered Plaintiff to show cause why the case should
not be dismissed for failure to serve the complaint within 90 days. ECF Nos. 13, 15. Plaintiff has
not shown cause or properly served the complaint in response.
The Court now gives Plaintiff one final chance. He must either serve his complaint and
file a proof of service by February 15, 2018, or show cause in writing by that date why his case

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should not be dismissed without prejudice for failure to serve his complaint timely as required by

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Rule 4(m). An order to show cause hearing is set for February 22, 2018. Plaintiff is instructed to

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appear. If Plaintiff does not show cause or properly serve the complaint, the case will be

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dismissed without prejudice.

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IT IS SO ORDERED.
Dated: January 31, 2018
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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