Brazelton

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ERIC STRATFORD, Case No. 1:17-cv-00766-JDP

Plaintiff,

ORDER TO SHOW CAUSE WHY THIS

v. CASE SHOULD NOT BE DISMISSED FOR

FAILURE TO EFFECT SERVICE

ARNOLD SCHWARZENEGGER,

THIRTY-DAY DEADLINE

Defendant.

14 Plaintiff Eric Stratford is a former state prisoner proceeding without counsel and in forma pauperis in this civil rights action brought under 42 U.S.C. § 1983. After screening, this case is proceeding only on plaintiff’s Eighth Amendment claim against defendant Arnold Schwarzenegger. ECF No. 28. The court directed service on May 18, 2020. ECF No. 26. Defendant Schwarzenegger has not been served. The United States Marshals Service was unable to locate defendant, and the summons was returned unexecuted. ECF No. 30. Federal Rule of Civil Procedure 4(m) provides: “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…