Garcia v. Sena et al

Filing 6

ORDER by Chief Magistrate Judge Carmen E. Garza granting 5 ORDER on Motion to Extend. Service of summons and complaint due by 10/7/2020. Defendants' responses to Plaintiff's complaint due by 10/28/20. (crc)

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.
ORDER EXTENDING PLAINTIFF’S TIME TO SERVE SUMMONS AND COMPLAINT
THIS MATTER is before the Court on Plaintiff’s Motion to Extend Time to Serve
Defendants (the “Motion”), (Doc. 5), filed September 21, 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. Accordingly,
under Federal Rule of Civil Procedure 4(m), Plaintiff was required to serve Defendants
with the Summons and Complaint by September 21, 2020. Plaintiff failed to serve
Defendants by that date. (Doc. 5 at 3).
In the Motion, Plaintiff explains he has diligently attempted to identify and locate
all possible defendants in this matter. (Doc. 5 at 2-3). Plaintiff asserts he has now
verified “nine out of ten Defendants.” Id. at 2. Plaintiff asks the Court to find good cause
exists to extend time to serve the Summons and Complaint on Defendants. Id. at 3.
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. The Court
further notes extending the time for service will not prejudice Defendants.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Extend Time to Serve
Defendants, (Doc. 5), be GRANTED. Plaintiff shall serve the Summons and Complaint
upon Defendants by October 7, 2020.
IT IS FURTHER ORDERED that Defendants’ responses to Plaintiff’s Complaint
are due October 28, 2020.
IT IS SO ORDERED.

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