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)

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