Priest v. Winder et al

Filing 8

MEMORANDUM DECISION/ORDER TO SHOW CAUSE - Plaintiff is directed to respond in writing within 15 days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Magistrate Judge Dustin B. Pead on 1/30/17 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MICHAEL W. PRIEST,
MEMORANDUM DECISION
Plaintiff,
Case No. 2:16-cv-00696-DN-DBP
v.
District Judge David Nuffer
JIM WINDER and OFFICER RANDOLF
Magistrate Judge Dustin B. Pead
Defendants.

This matter was referred to the court under 28 U.S.C. § 636(b)(1)(B). (ECF No. 4.) On July
1, 2016, the court granted Plaintiff’s motion to proceed in forma pauperis and Plaintiff’s
complaint against Defendants was filed. (ECF Nos. 2–3.) Pursuant to Federal Rule of Civil
Procedure 4(m), Plaintiff should have served Defendant with a summons and complaint within
90 days of filing the complaint. To date, more than 90 days passed since Plaintiff filed his
complaint, but Plaintiff has not provided the court with proof of service on Defendants, or
request service on Defendants. See Fed. R. Civ. P. 4(l)(1); 28 U.S.C. § 1915.
Given Plaintiff’s failure to prove or request service, the court ORDERS Plaintiff to SHOW
CAUSE why the above captioned case should not be dismissed for failure to prosecute. Plaintiff
must respond to the court in writing within fifteen (15) days from the date of this Order to
inform the court about the status of the case and his intentions to proceed. Failure to do so will
result in dismissal of the case.
Dated this 30th day of January 2017.

By the Court:

Dustin B. Pead
United States Magistrate Judge