Foley v. Teuton et al

Filing 7

ORDER Granting Plaintiff's 6 Motion to Extend Time to Serve Defendants. The deadline to effect service of process is extended up to and including 10/25/2017. Signed by Magistrate Judge Cam Ferenbach on 8/24/2017. (Copies have been distributed pursuant to the NEF - SLD)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

MICHAEL FOLEY,
5

Plaintiff,
2:17-cv-01024-JCM-VCF
ORDER GRANTING ENLARGMENT OF
TIME TO SERVE (ECF NO. 6)

6

vs.
7
8

SYLVIA TEUTON, et al.,
Defendants.

9
10

Before the court is Plaintiff’s Motion to Extend Time to Serve Defendants (ECF No. 6).
11

Plaintiff seeks to extend the time in which to effectuate service under Federal Rule of Civil
12

Procedure 4(m) on all Defendants. Foley filed an executed Summons on Patricia Foley on July 20, 2017.
13

(ECF No. 5). Patricia Foley was served on June 18, 2017. Defendants Sylvia Teuton, James Harris,
14

Kenneth Bourne, Joseph Lombardo, Steven Wolfson, Clark County, Steven Grierson, and Clark County
15

Detention Center have not been served due to lack of funds. (ECF No. 6). Plaintiff asks this court to
16

grant an enlargement of time to serve the Summons and Complaint on all remaining named defendants.
17

Id. Patricia Foley has not yet appeared in this action.
18

Extension For Service
19

Fed. R. Civ. P. 4(m) requires a defendant to be served within 90 days after the complaint is filed.
20

If “the plaintiff shows good cause for the failure [to serve a defendant within that time-frame], the court
21

must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m).
22

Plaintiff asserts that additional time is required to effect service, and asks this court to extend the
23

4(m) deadline. (ECF No. 6). The Complaint was filed on April 10, 2017. The last day to effectuate service
24

is July 9, 2017. Fed. R. Civ. P. 4(m).
25

1
2

Given that Plaintiff has demonstrated “good cause” for his failure to effectuate service, the court
will extend the 4(m) deadline to October 25, 2017. See Fed. R. Civ. P. 4(m).

3

Accordingly, and for good cause shown,

4

IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Time to Serve Defendants (ECF No.

5
6
7
8

6) is GRANTED.
IT IS FURTHER ORDERED that the deadline to effect service of process is extended up to and
including October 25, 2017.
DATED this 24th day of August, 2017.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE