Atkinson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWITT MCDOWELL, Case No. 1:20-cv-01036-DAD-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE WHY

DEFENDANT HERNANDEZ SHOULD

v. NOT BE DISMISSED FOR FAILURE

TO EFFECTUATE SERVICE

ATKINSON, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Jonathan Dewitt McDowell is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. On April 22, 2021, the Court issued an order directing service of process on Defendants. (Doc. 16.) On June 3, 2021, the U.S. Marshals Service filed a return of service unexecuted as to Defendant Hernandez. (Doc. 20.) Federal Rule of Civil Procedure 4 provides: If a defendant is not served within 90 days after the complaint is filed, the court— 22 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 court…