Miranda v. Strike, LLC et al

Filing 18

ORDER TO SHOW CAUSE by Magistrate Judge William P. Lynch. Show Cause Response due by 2/17/2017. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JAIME MIRANDA,
Plaintiff,
v.

CV 16-1062 JCH/WPL

STRIKE, LLC, and JOEL BENAVIDES,
Defendants.
ORDER TO SHOW CAUSE
This matter is before the Court sua sponte. Federal Rule of Civil Procedure 4(m)
provides in part:
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. . . .
More than 90 days have elapsed since this action was commenced, and the record reflects that
Defendant Joel Benavides has not been served. In removed cases, the time for tolling the 90 day
period begins upon the date of removal. See 28 U.S.C. § 1448.
IT IS THEREFORE ORDERED that, no later than February 17, 2017, Plaintiff must
either effect service or provide the Court with a written explanation why service has not been
effected. If Plaintiff fails to respond within the time allotted, this action will be dismissed
without prejudice.
____________________________________
William P. Lynch
United States Magistrate Judge

A true copy of this order was served
on the date of entry--via mail or electronic
means--to counsel of record and any pro se
party as they are shown on the Court’s docket.