CDCR

(PC) Steele v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20211:19-cv-00471California720 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN STEELE, Case No. 1:19-cv-00471-AWI-JLT (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EFFECT SERVICE CDCR, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Justin Steele is a state prisoner proceeding pro se and in forma pauperis in this action. On August 1, 2021, the Court issued an order directing service of process on Defendants Gutierrez and Herrera. (Doc. 29.) On August 12, 2021, the U.S. Marshals Service filed a return of service unexecuted as to the defendants. (Doc. 32.) 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 must 24 …

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