UNGARO v. CALT, CV 17-480 MCA/WPL. (2017)
Court: District Court, D. New Mexico
Number: infdco20170727d63
Visitors: 29
Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER TO SHOW CAUSE WILLIAM P. LYNCH , Magistrate Judge . This matter is before the Court sua sponte. Federal Rule of Civil Procedure 4(m) provides in part: 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 exten
Summary: ORDER TO SHOW CAUSE WILLIAM P. LYNCH , Magistrate Judge . This matter is before the Court sua sponte. Federal Rule of Civil Procedure 4(m) provides in part: 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..
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ORDER TO SHOW CAUSE
WILLIAM P. LYNCH, Magistrate Judge.
This matter is before the Court sua sponte. Federal Rule of Civil Procedure 4(m) provides in part:
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. . . .
More than 90 days have elapsed since this action was commenced, and the record reflects that Defendants Daniel Calt, Andrew Cook, the City of Albuquerque, Gotcha Repo'd, and Harold Monia have not been served.
IT IS THEREFORE ORDERED that, no later than August 25, 2017, Plaintiffs must either effect service or provide the Court with a written explanation why service has not been effected. If Plaintiffs fails to respond within the time allotted, this action will be dismissed without prejudice.
Source: Leagle
