Green v. Berryhill

Filing 8

ORDER TO SHOW CAUSE. Show Cause Response due by 10/26/2017. Signed by Magistrate Judge Sallie Kim on 10/11/2017. (mklS, COURT STAFF) (Filed on 10/11/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

LEANDER GREEN,
Plaintiff,

8

NANCY A. BERRYHILL,
Defendant.

11
United States District Court
Northern District of California

ORDER TO SHOW CAUSE

v.

9
10

Case No. 17-cv-03054-SK

12

Plaintiff Leander Green filed his complaint in the above captioned matter on May 26,

13

2017. Pursuant to Federal Rule of Civil Procedure 4(b), after filing his complaint, Plaintiff had an

14

obligation to present a summons to the clerk for signature and seal. Plaintiff was then required to

15

serve the summons and complaint by no later than ninety days after he filed the complaint. See

16

Fed. R. Civ. P. 4(c), (m). Pursuant to Federal Rule of Civil Procedure 4 (“Rule 4”), “[i]f a

17

defendant is not served within 90 days after the complaint is filed, the court . . . must dismiss the

18

action without prejudice against that defendant or order that service be made within a specified

19

time.” Fed. R. Civ. P. 4(m). The Court must extend the time for service “if the plaintiff shows

20

good cause for the failure.” Id. The ninety-day deadline expired on August 24, 2017. On October

21

9, 2017, well after that deadline passed, Plaintiff filed a proposed summons.

22

The Court HEREBY ORDERS Plaintiff TO SHOW CAUSE why this case should not be

23

dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff

24

shall file a written response to this Order to Show Cause by no later than October 26, 2017.

25

Moreover, Plaintiff shall provide good cause for the delay in filing the proposed summons and in

26

serving Defendant. Plaintiff is admonished that if he fails to file a response to this Order to Show

27

///

28

///

1

Cause by October 26, 2017, the Court will reassign this matter and issue a report and

2

recommendation that this matter be dismissed for failure to prosecute.

3
4
5
6

IT IS SO ORDERED.
Dated: October 11, 2017
______________________________________
SALLIE KIM
United States Magistrate Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2