Nevarez v. Fanning

Filing 7

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's Show-Cause Response is due by May 26, 2017. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BENJAMIN ACOSTA NEVAREZ,
Plaintiff,
v.

No. 16-cv-1323 MV/SMV

ROBERT M. SPEER,
Acting Secretary of the Army, 1
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte.

Plaintiff filed his Complaint on

December 5, 2016. [Doc. 1]. Plaintiff had 90 days from filing the Complaint, or until March 6,
2017, to effect service of process. Fed. R. Civ. P. 4(m) (2015). There is no indication on the
record that service of process has been effected.
IT IS THEREFORE ORDERED that Plaintiff show good cause why his claims 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 his response
no later than May 26, 2017.
IT IS SO ORDERED.

______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

1

Robert M. Speer is now the Acting Secretary of the Army. Pursuant to Rule 25(d) of the Federal Rules of Civil
Procedure, Robert M. Speer should be substituted for Secretary Eric K. Fanning as the defendant in this suit.