Martinez-Chavez v. Wal-Mart Stores East Inc., et al

Filing 10

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's show-cause response is due by June 5, 2018. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VIRGINIA MARTINEZ-CHAVEZ,
Plaintiff,
v.

No. 18-cv-0147 SCY/SMV

WAL-MART STORES EAST INC. and
THOMAS CARROLL,
Defendants.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. Plaintiff filed her Complaint in state
court on September 8, 2017. [Doc. 1-1] at 2–4. Defendant Wal-Mart Stores East, Inc., removed
the case to this Court on February 13, 2018. [Doc. 1]. Plaintiff had 90 days from filing of the
Notice of Removal, or until May 14, 2018, to effect service of process on Defendant Carroll. See
Fed. R. Civ. P. 4(m) (deadline for service is 90 days) (2015); Wallace v. Microsoft Corp., 596
F.3d 703, 706–07 (10th Cir. 2010) (time to effect service of process begins to run once case is
removed to federal court). There is no indication on the record that service of process has been
effected with respect to Defendant Carroll.
IT IS THEREFORE ORDERED that Plaintiff show good cause why her claims against
Defendant Carroll should not be dismissed without prejudice for failure to comply with the
service provision of Rule 4(m). See Espinoza v. United States, 52 F.3d 838, 841 (10th Cir.
1995). Plaintiff must file her response no later than June 5, 2018.
IT IS SO ORDERED.

______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge