Gavaldon v. Cate et al

Filing 10

ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 12/12/11. (lrc, COURT STAFF) (Filed on 12/13/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 DAVID GAVALDON, 4 Plaintiff, 5 v. 6 ORDER TO SHOW CAUSE WHY CLAIMS AGAINST UNSERVED NAMED DEFENDANTS SHOULD NOT BE DISMISSED MATTHEW L. CATE, et al., 7 No. C 11-02887 SBA (PR) Defendants. ________________________________/ 8 9 11 For the Northern District of California United States District Court 10 Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. He has paid the full filing fee. Venue is proper because the events giving rise to the claim are alleged to have occurred at 12 the Pelican Bay State Prison (PBSP), which is located in this judicial district. See 28 U.S.C. 13 § 1391(b). 14 15 16 17 18 19 20 In his complaint, Plaintiff names multiple Defendants, who are mostly prison officials at PBSP. Plaintiff seeks monetary damages and injunctive relief. To date, Plaintiff has not filed a proof of service on any of the Defendants named in this action. Rule 4(m) of the Federal Rules of Civil Procedure provides: If service of a summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. 21 Fed. R. Civ. P. 4(m). Here, Plaintiff's complaint has been pending for over 120 days and thus, 22 absent a showing of "good cause," claims against the unserved defendants are subject to dismissal 23 without prejudice. See Fed. R. Civ. P. 4(m). 24 Recognizing the fact that he is an incarcerated pro se litigant, the Court finds good cause 25 exists to extend the service deadline under Rule 4(m). Within thirty (30) days from the date of this 26 Order, Plaintiff shall file proof that he has served the named Defendants. The failure to do so will 27 result in the dismissal of all claims against these named Defendants without prejudice. 28 1 Even if a prisoner pays the fee and serves the complaint on his own, the Court is still 2 required to review the action before it can proceed. See 28 U.S.C. § 1915A(a) (federal courts must 3 engage in a preliminary screening of cases in which prisoners seek redress from a governmental 4 entity or officer or employee of a governmental entity.) Once Plaintiff has filed proof that he has 5 served the named Defendants, the Court will screen the complaint in a separate written order. 6 It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the Court informed 7 of any change of address and must comply with the Court's orders in a timely fashion. Failure to do 8 so may result in the dismissal of this action for failure to prosecute, pursuant to Federal Rule of 9 Civil Procedure 41(b). Extensions of time are not favored, though reasonable extensions will be granted. Any 11 For the Northern District of California United States District Court 10 motion for an extension of time must be filed no later than fifteen (15) days prior to the deadline 12 sought to be extended. 13 14 IT IS SO ORDERED. DATED: 12/12/11 SAUNDRA BROWN ARMSTRONG United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Gavaldon2887.OSC(4m).wpd 2 1 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 DAVID GAVALDON, 5 Plaintiff, 2 6 7 8 Case Number: CV11-02887 SBA CERTIFICATE OF SERVICE v. MATTHEW L. CATE et al, Defendant. 9 11 For the Northern District of California United States District Court 10 12 13 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 13, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 14 15 17 David Gavaldon C15376 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 18 Dated: December 13, 2011 16 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Gavaldon2887.OSC(4m).wpd 3

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