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Garcia v. Geisen, 1:17-cv-691-MCA-KRS. (2017)

Court: District Court, D. New Mexico Number: infdco20171201c80 Visitors: 17
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: ORDER TO SHOW CAUSE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER is before the Court sua sponte following a review of Respondent Geisen's Answer to Petition for Writ of Habeas Corpus [Doc. 5]. Included in Respondent Geisen's answer is the allegation that Respondent Owen should be dismissed from this action on the ground that he is an improper party. [Doc. 5, pp. 7-8]. Petitioner has neither responded to this allegation nor effectuated service upon Mr. Owen. The latter is in violati
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ORDER TO SHOW CAUSE

THIS MATTER is before the Court sua sponte following a review of Respondent Geisen's Answer to Petition for Writ of Habeas Corpus [Doc. 5]. Included in Respondent Geisen's answer is the allegation that Respondent Owen should be dismissed from this action on the ground that he is an improper party. [Doc. 5, pp. 7-8]. Petitioner has neither responded to this allegation nor effectuated service upon Mr. Owen. The latter is in violation of Fed. R. Civ. P. 4(m).

IT IS, THEREFORE, ORDERED that on or before December 7, 2017, Petitioner shall file a response to this order showing cause why Respondent Owen should not be dismissed from this action. Petitioner is hereby notified that failure to respond to this order may result in Respondent Owen's dismissal from this case without prejudice and without further notice.

IT IS SO ORDERED.

Source:  Leagle

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