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Thayer v. Marin County Superior Court, 18-cv-01505-MEJ. (2018)

Court: District Court, N.D. California Number: infdco20180612796 Visitors: 8
Filed: Jun. 11, 2018
Latest Update: Jun. 11, 2018
Summary: ORDER TO SHOW CAUSE MARIA-ELENA JAMES , Magistrate Judge . On March 9, 2018, Plaintiff Cynthia Thayer filed the instant complaint. To date, no proof of service of the summons and complaint has been filed. "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." Fed. R. Civ. P. 4(m). Acc
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ORDER TO SHOW CAUSE

On March 9, 2018, Plaintiff Cynthia Thayer filed the instant complaint. To date, no proof of service of the summons and complaint has been filed. "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." Fed. R. Civ. P. 4(m).

Accordingly, pursuant to Rule 4(m), the Court ORDERS Plaintiff to show cause, in writing and no later than June 21, 2018, why this case should not be dismissed for failure to serve within the time required by Rule 4(m). Notice is hereby provided that failure to file a written response will be deemed an admission that Plaintiff does not intend to prosecute, and the case will be dismissed without prejudice. Thus, it is imperative that the Court receive a written response by the deadline above.

IT IS SO ORDERED.

Source:  Leagle

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