Whittlesey v. US Treasury et al

Filing 9

ORDER TO SHOW CAUSE - Show Cause Response due by 10/16/2017, signed by Judge Ronald B. Leighton. (DN) Modified on 10/4/2017 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 RACHEL WHITTLESEY, CASE NO. C17-5362RBL 9 Plaintiff, 10 11 ORDER TO SHOW CAUSE v. UNITED STATES DEPARTMENT OF THE TREASURY, 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 THIS MATTER is before the Court on its own motion. Plaintiff Wittlesey filed this action on May 16, 2017. She initially sought in forma pauperis status but paid the filing fee the same day. She also sought the appointment of counsel, which was denied [Dkt. # 8]. In the meantime, Plaintiff filed a summons with the court, but it does not indicate that it or the complaint were served on the defendant. Indeed, there is no proof of service in the file. Under the Federal Rules of Civil Procedure, a plaintiff must serve her complaint on the defendant within 90 days of filing it in court: (m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. 24 ORDER TO SHOW CAUSE - 1 1 The Advisory Committee Notes to this Rule reiterate that the 90 day requirement is to be applied 2 flexibly, and should not be applied where doing so would cause prejudice: 3 4 [Rule 4(m)] explicitly provides that the court shall allow additional time if there is good cause for the plaintiff’s failure to effect service in the prescribed [90] days, and authorizes the court to relieve a plaintiff of the consequences of an application of this subdivision even if there is no good cause shown.. 5 (Time period reflects 2015 rule change). See also, for example, In re Sheehan, 253 F.3d 507, 512 6 (9th Cir. 2001) (Upon a showing of good cause, the Court must extend the period; and even 7 absent a showing of good cause, the court has discretion to extend the period). The period for 8 service has expired. 9 Plaintiff Whittlesey is therefore ORDERED to SHOW CAUSE in writing within 10 10 days why she has not affected proper service on the defendant under the Rules, and to 11 demonstrate why the Court should in any event extend the period for service. If she does not do 12 so this matter will be dismissed. 13 IT IS SO ORDERED. 14 Dated this 4th day of October, 2017. 15 A 16 Ronald B. Leighton United States District Judge 17 18 19 20 21 22 23 24 ORDER TO SHOW CAUSE - 2

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