Garcia v. Sena et al

Filing 20

ORDER by Chief Magistrate Judge Carmen E. Garza granting 14 Motion to Extend. Service of summons and complaint due by 12/13/2020. Defendants' responses to Plaintiff's complaint due by 1/4/2021. (crc)

Case 2:20-cv-00601-GJF-CG Document 20 Filed 10/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VICTOR GARCIA,
Plaintiff,
v.

CV No. 20-601 GJF/CG

ALBERT SENA, et al.,
Defendants.
SECOND ORDER EXTENDING
PLAINTIFF’S TIME TO SERVE SUMMONS AND COMPLAINT
THIS MATTER is before the Court on Plaintiff’s Second Motion to Extend Time to
Serve Defendants (the “Motion”), (Doc. 14), filed October 6, 2020. Plaintiff seeks
additional time to properly serve the Summons and Complaint upon Defendants. Id. at
3. Plaintiff filed his Complaint on June 22, 2020, (Doc. 1), and an Amended Complaint
on September 10, 2020, (Doc. 4), alleging violations of 42 U.S.C. § 1983. The Court
previously extended Plaintiff’s time to serve Defendants with the Summons and
Complaint to October 7, 2020. (Doc. 6).
In the Motion, Plaintiff explains he has successfully served five of the ten
defendants—Douglas Ford, Dagoberto Rodriguez, Brice Stacy, Officer Santino, and
John Doe 1. (Doc. 14 at 1-2). Plaintiff further explains he is currently awaiting
confirmation of service on two more of the defendants—Derren McPherson and Jacob
Bonner. Id. at 1. Plaintiff states that he has been unable to locate the three remaining
Defendants—Albert Sena, Rafael Aguilar, and Steven Cope—despite Plaintiff’s diligent
efforts. Id. at 2. Accordingly, Plaintiff asks the Court to find good cause exists to extend
time to serve the Summons and Complaint on Defendants. Id. at 3.

Case 2:20-cv-00601-GJF-CG Document 20 Filed 10/14/20 Page 2 of 2

Upon a showing of good cause by a plaintiff, the Court is required to extend the
time for service for an appropriate period. FED. R. CIV. P. 4(m). Even if the plaintiff has
not demonstrated good cause for an extension of time, the Court may, in its discretion,
extend time to effect service. Espinoza v. United States, 52 F.3d 838 (10th Cir. 1995).
The Court finds Plaintiff’s good faith effort to locate and verify Defendants constitutes
“good cause” for an extension of time to serve the Summons and Complaint, as more
fully set forth in the Court’s Memorandum Opinion and Order denying without prejudice
Plaintiff’s Motion to Allow Service by Publication (the “Memorandum Opinion and
Order”), (Doc.17). The Court further notes extending the time for service will not
prejudice Defendants.
IT IS THEREFORE ORDERED that Plaintiff’s Second Motion to Extend Time to
Serve Defendants, (Doc. 14), be GRANTED. Plaintiff shall serve the Summons and
Complaint upon Defendants, pursuant to the Court’s Memorandum Opinion and Order,
(Doc. 17), by December 13, 2020.
IT IS FURTHER ORDERED that Defendants’ responses to Plaintiff’s Complaint
are due January 4, 2021.
IT IS SO ORDERED.

______________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE