Garcia v. Sena et al

Filing 29

ORDER by Chief Magistrate Judge Carmen E. Garza granting 28 Third Motion to Extend. Service of summons and complaint due by 1/14/2021. Defendants' responses to Plaintiff's complaint due by 2/4/2021. (crc)

Case 2:20-cv-00601-GJF-CG Document 29 Filed 12/14/20 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.
THIRD ORDER EXTENDING
PLAINTIFF’S TIME TO SERVE SUMMONS AND COMPLAINT
THIS MATTER is before the Court on Plaintiff’s unopposed Third Motion to
Extend Time to Serve Defendants (the “Motion”), (Doc. 28), filed December 11, 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), and further to December 13,
2020, (Doc. 19); (Doc. 20); (Doc. 26).
In the Motion, Plaintiff states that his attempts to serve Defendants Raphael
Aguilar, Jacob Bonner, Steven Cope, and Darren McPherson have been unsuccessful
during the extended service period granted by the Court. (Doc. 28 at 2). Plaintiff
explains that his efforts have been slowed by the “ten-day quarantine, as well as a
number of statewide restrictions on opening and travel” due to the COVID-19 pandemic.
Id. Accordingly, Plaintiff asks the Court to find good cause exists to further extend
Plaintiff’s time to serve the Summons and Complaint on Defendants. Id. at 3.

Case 2:20-cv-00601-GJF-CG Document 29 Filed 12/14/20 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 efforts to locate and verify Defendants given the
obstacles posed by the COVID-19 pandemic constitutes “good cause” for an extension
of time to serve the Summons and Complaint. The Court further notes extending the
time for service will not prejudice Defendants, and the Defendants who have been
served do not oppose the Motion. See (Doc. 28 at 2).
IT IS THEREFORE ORDERED that Plaintiff’s Third Motion to Extend Time to
Serve Defendants, (Doc. 28), be GRANTED. Plaintiff shall serve the Summons and
Complaint upon Defendants by January 14, 2020.
IT IS FURTHER ORDERED that Defendants’ responses to Plaintiff’s Complaint
are due February 4, 2021.
IT IS SO ORDERED.

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