Rosado v. Albuquerque Public Schools et al

Filing 13

ORDER TO SHOW CAUSE by Chief Magistrate Judge Karen B. Molzen. Show Cause Response due by 12/5/2017. (am)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CHRISTINA ROSADO, on behalf of her minor daughter, Lilia Maher, Plaintiffs, v. CIV 17-1007 CG/KBM ALBUQUERQUE PUBLIC SCHOOLS AND CAMP FIRE USA NEW MEXICO COUNCIL, and BRITTANY CAMPOS, and DEBORAH DOWLER, 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. Plaintiff filed this action in the Second Judicial District Court for the State of New Mexico on August 22, 2017. Doc. 1, Ex. A. The case was removed to this Court by Defendant Albuquerque Public Schools on October 5, 2017. Doc. 1. The record reflects that Defendants Brittany Campos and Deborah Dowler have not been served; nor has Plaintiff shown good cause for the failure to serve. See Fed. R. Civ. P. 4(m). WHEREFORE, IT IS HEREBY ORDERED that, in order to avoid dismissal of this action against Defendants Brittany Campos and Deborah Dowler, Plaintiff must either effect service or provide the Court with a written explanation showing good cause why service has not been made, on or before Tuesday, December 5, 2017. ________________________________________ UNITED STATES CHIEF MAGISTRATE JUDGE

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