Stewart v. City of Oakland, et al

Filing 34

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT FRANK MORROW SHOULD NOT BE DISMISSED. Plaintiff is ordered to show cause, in writing and no later than February 16, 2018, why plaintiff's claims against Frank Morrow should not be dismissed for failure to serve within the time required by Rule 4(m). Signed by Judge Maxine M. Chesney on January 18, 2018. (mmclc1, COURT STAFF) (Filed on 1/18/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JULEANA STEWART,
Plaintiff,

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v.
CITY OF OAKLAND, et al.,

ORDER DIRECTING PLAINTIFF TO
SHOW CAUSE WHY CLAIMS
AGAINST DEFENDANT FRANK
MORROW SHOULD NOT BE
DISMISSED

Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-04478-MMC

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On August 7, 2017, plaintiff Juleana Stewart filed her complaint in the above-titled

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action. To date, plaintiff has not filed proof of service of the summons and complaint

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upon defendant Frank Morrow.

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"If a defendant is not served within 90 days after the complaint is filed, the court –

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on motion or on its own after notice to the plaintiff – must dismiss the action without

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prejudice against that defendant or order that service be made within a specified time."

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Fed. R. Civ. P. 4(m).

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Accordingly, pursuant to Rule 4(m), plaintiff is hereby ORDERED TO SHOW

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CAUSE, in writing and no later than February 16, 2018, why plaintiff’s claims against

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Frank Morrow should not be dismissed for failure to serve within the time required by

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Rule 4(m).

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IT IS SO ORDERED.

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Dated: January 18, 2018
MAXINE M. CHESNEY
United States District Judge