(PS) Aetius v. Triple Canopy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AUGUSTUS AETIUS, No. 2:21–cv–2120–TLN–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS FOR FAILURE TO SERVE

v. (ECF No. 3.) TRIPLE CANOPY, Defendant. 16 On November 16, 2021, plaintiff, proceeding without counsel, filed a fee-paid complaint against defendant. (ECF No. 1.) The next day, the Clerk of Court issued service documents which were served on plaintiffs by mail. (ECF Nos. 2, 3.) On February 23, 2022, the undersigned ordered plaintiffs to show cause why the case should not be dismissed for failure to serve process. (ECF No. 4.) No response was filed. As explained in the court’s prior orders, service of the summons and complaint must occur within 90 days of filing the complaint, unless otherwise ordered. Fed. R. Civ. P. 4(c)(1) & (m). If a defendant is not served by the deadline, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant, or…