Romero v. Social Security Administration

Filing 5

ORDER TO SHOW CAUSE by Magistrate Judge Carmen E. Garza. Show Cause Response due by 2/15/2018. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALFRED R. ROMERO,
Plaintiff,
vs.

No. CV 17-999 CG

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court, sua sponte. FED. R. CIV. P. 4(m) provides:
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.
Plaintiff’s Complaint, (Doc. 1), was filed on October 4, 2017, and Plaintiff’s Application to
Proceed in District Court Without Prepaying Fees or Costs, (Doc. 2), was denied without
prejudice on October 10, 2017. No action has been taken in this case since then, and the
record reflects that Defendant has not yet been served. Pursuant to FED. R. CIV. P. 4(m),
the Court finds that Plaintiff must either effect service or show good cause why Defendant
has not been served. Failure to comply with the Court’s order may result in dismissal of
this case without prejudice.
IT IS THEREFORE ORDERED that on or before February 15, 2018, Plaintiff must
either effect service or provide the Court with a written explanation showing good cause
why Defendant has not been served.
________________________________________

THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE