StClair

(PC) Navarro v. StClair

Caution
United States District Court, Eastern District of CaliforniaJanuary 4, 20211:20-cv-00524California628 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GILBERT NAVARRO, Case No. 1:20-cv-00524-NONE-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE WHY

DEFENDANT HERNANDEZ SHOULD

v. NOT BE DISMISSED FOR FAILURE

TO EFFECTUATE SERVICE

J. STCLAIR, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Gilbert Navarro is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. On August 28, 2020, the Court issued an order directing service of process on Defendants. (Doc. 14.) On December 28, 2020, the U.S. Marshals Service filed a return of service unexecuted as to Defendant Hernandez. (Doc. 21.) Federal Rule of Civil Procedure 4 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 that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the…

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