Johnson v. Gore

Filing 24

ORDER: Plaintiff's motion for leave to serve process outside the 90-day period is Granted. (ECF No. 23 ). Plaintiff shall, within sixty days of the date this Order is issued, file proof that service of the summons and complaint has been effectuated. If Plaintiff fails to file proof of service within this time period, the Court will dismiss this case without prejudice. Signed by Judge William Q. Hayes on 02/07/2018. (All non-registered users served via U.S. Mail Service)(ajs)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

PAMELA T. JOHNSON,

Case No.: 17cv588-WQH-MDD
Plaintiff,

12
13

v.

14

ORDER

SHERIFF WILLIAM DAVID
GORE

15

Defendant.

16
17

HAYES, Judge:
On January 18, 2019, the Court issued an Order determining that Plaintiff had failed

18
19
20

to provide sufficient proof of service pursuant to Federal Rule of Civil Procedure 4(e).
(ECF No. 21). The Order further states:
Pursuant to Federal Rule of Civil Procedure 4(m), the Court will allow
Plaintiff sixty (60) days from date of this order to file either (1) 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
effect service upon the Defendant accompanied by a motion for leave to serve
process outside of the 90-day period. If no cause is shown, the Court will
dismiss this case without prejudice.

21
22
23
24
25
26
27
28

Id.
1
17cv588-WQH-MDD

1

On January 31, 2018, Plaintiff filed a motion for leave to serve process outside of

2

the 90-day period. (ECF No. 23). Plaintiff states that she has good cause for the motion

3

because she is “a pro se litigant who is not an attorney” and has “limited knowledge of the

4

law and the court system.” Id. Plaintiff requests the opportunity to comply with Federal

5

Rule of Civil Procedure 4(e) through service by mail. Id.

6

Pursuant to Rule 4(m),

7

If a defendant is not served within 90 days after the complaint is filed, the
court--on motion or on its own after notice to the plaintiff--must dismiss the
action without prejudice against that defendant or order that service be made
within a specified time. But if the plaintiff shows good cause for the failure,
the court must extend the time for service for an appropriate period.

8
9
10
11

Fed. R. Civ. P. 4. The Court concludes that Plaintiff has demonstrated good cause for

12

failure to serve Defendant within the 90-day period. Accordingly, the Court will allow

13

Plaintiff an extension of time to effectuate service.

14

IT IS HEREBY ORDERD that Plaintiff’s motion for leave to serve process outside

15

the 90-day period is GRANTED. (ECF No. 23). Plaintiff shall, within sixty days of the

16

date this Order is issued, file proof that service of the summons and complaint has been

17

effectuated. If Plaintiff fails to file proof of service within this time period, the Court will

18

dismiss this case without prejudice.

19

Dated: February 7, 2018

20
21
22
23
24
25
26
27
28

2
17cv588-WQH-MDD