Sonntag v. Nevada County et al

Filing 36

ORDER to SHOW CAUSE signed by Magistrate Judge Craig M. Kellison on 06/06/11 ordering that plaintiff shall show cause in writing within 30 days of the date of service of this order, why defendant Hibaugh should not be dismissed for failure to effect timely service. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON ERIC SONNTAG, 12 13 14 15 Plaintiff, vs. ORDER NEVADA COUNTY, et al., Defendants. 16 17 18 19 No. CIV S-09-1224-CMK-P / Plaintiff, a Nevada state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. ยง 1983. On June 9, 2010, the court ordered the United States Marshal to serve the 20 complaint on defendants. Process directed to defendant Mike Hibaugh was returned unserved. 21 Plaintiff was previously ordered to provide additional information to serve defendant Hibaugh. 22 However, no additional information regarding this defendant has been submitted. 23 Failure to effect service on a defendant within 120 days requires dismissal of that 24 defendant unless plaintiff can show good cause for the failure. See Fed. R. Civ. P. 4(m). 25 Plaintiff will be required to show cause for the failure to complete service of process within 120 26 days on this defendants. Plaintiff is warned that failure to respond to this order may result in 1 1 2 dismissal of the action. See Local Rule 11-110. Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in 3 writing, within 30 days of the date of service of this order, why defendant Hibaugh should not be 4 dismissed for failure to effect timely service. 5 6 7 8 9 DATED: June 6, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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