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)

Download PDF
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

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?