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Kershner v. Berryhill, 2:18-cv-0717 DB. (2019)

Court: District Court, E.D. California Number: infdco20190305776 Visitors: 15
Filed: Mar. 01, 2019
Latest Update: Mar. 01, 2019
Summary: ORDER DEBORAH BARNES , Magistrate Judge . A summons was issued in this action on June 12, 2018. (ECF No. 5.) Despite the considerable passage of time, plaintiff has not filed a proof of service on the defendant and the defendant has not appeared in this action. Rule 4(m) of the Federal Rules of Civil Procedure provides that a defendant must be dismissed if service of the summons and complaint is not accomplished on the defendant within 90 days after the complaint was filed. Accordingly, IT
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ORDER

A summons was issued in this action on June 12, 2018. (ECF No. 5.) Despite the considerable passage of time, plaintiff has not filed a proof of service on the defendant and the defendant has not appeared in this action. Rule 4(m) of the Federal Rules of Civil Procedure provides that a defendant must be dismissed if service of the summons and complaint is not accomplished on the defendant within 90 days after the complaint was filed.

Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in writing within fourteen days as to why this case should not be dismissed for lack of prosecution. Failure to file a timely response may result in the dismissal of this action.

Source:  Leagle

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