McMahon v. Sedeghi et al

Filing 6

ORDER: To date, Plaintiff has failed to file either (1) a proof that service of the summons and complaint was timely effectuated or (2) a declaration under penalty of perjury showing good cause for failure to timely serve the Defendants with the summ ons and complaint accompanied by a motion for leave to serve process outside of the 120 day period. This case is DISMISSED without prejudice. Signed by Judge William Q. Hayes on 7/7/2012. (All non-registered users served via U.S. Mail Service.) (mdc)

1

FII.ED

2

''''}

iL

3

4

,J/J£

5
6

7
8
9

UNITED STATES DISTRICT COURT

10

SOUTHERN DISTRICT OF CALIFORNIA

11
JAMES MCMAHON,

CASE NO. 12cv151-WQH (MDD)

Plaintiff,
vs.
SEDEGHI, Medical Doctor; SEELY,
Medical Doctor; CHOO, Chief Medical
Doctor,

ORDER

12
13
14
15

Defendants.

16
17 II HAYES, Judge:
18

On January 18,2012, Plaintiffinitiated this action by filing a Complaint. (ECF No.1).

19 11 On January 24,2012, the Court issued an Order pennitting the Plaintiff to proceed in fonna
20

pauperis. With regard to service, the Court stated:

21

The Clerk shall issue a summons as to Plaintiffs Complaint [ECF No.
11 upon Defendants and shall and forward it to Plaintiff along with a
blank U.S. Marshal Form 285 for each Defendant. In additIOn, the
Clerk shall provide Plaintiff with a certified copy of this Order and a
certified copyofhis Complaint and the summons so that he may serve
Defendants. Upon receipt ofthis "IFP Package," Plaintiff is directed to
complete the Form 285s as completely and accurately as possible, and
to return them to the Uniteo States Marshal according to the
instructions provided by the Clerk in the letter accompanying his IFP
package. Upon receipt, the U.S. Marshal shall serve a coPY of the
Complaint and summons upon Defendants as directed by Plamtiff on
the USM Form 285s. All costs of service shall be advanced by the
United States. See 28 U.S.C. § 1915(d); FED.R.CIV.P. 4(c)(3).

22
23
24
25

26
27
28

II

(ECF No.3 at 5).
- 1-

12cv151 WQH-MDD

1

A proof of service has not been filed for any Defendant.

2

On June 4,2012, this Court issued an Order stating:

3

Federal Rule ofCivil Procedure 4 requires that a summons and
complaint be served "within 120 days after the complaint is filed."
Fed. R. Civ. P. 4(m). If a plaintiff fails to serve the summons and
complaint within that time limit, the court may dismiss the action
without prejudice after notice to the plaintiff. ld.

4
5

6

This Order constitutes notice to Plaintiff that the Court will
dismiss this action without prejudice on or after July 5, 2012, unless,
no later than that date, Plaintiff files either (1) proof that service ofthe
summons and complaint was timely effectuated or (2) a declaration
under penalty ofperjury showing good cause for failure to timely serve
the Defendants with the summons and complaint accompanied by a
motion for leave to serve process outside of the 120 day period.

7

8
9

10 (ECF No.5 at 2).
11

To date, Plaintiff has failed to file either (1) a proof that service of the summons and

12 complaint was timely effectuated or (2) a declaration under penalty ofperjury showing good
13

cause for failure to timely serve the Defendants with the summons and complaint accompanied

14 II by a motion for leave to serve process outside ofthe 120 day period. Accordingly, this case
15

is DISMISSED without prejudice.

16 IT IS SO ORDERED.
17
18" DATED:

J/?dZ-­

19
20
21
22
23
24
25
26
27
28
- 2 -

12cv151 WQH-MDD