Riley

Austin v. Riley

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20223:21-cv-09347California387 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GEORGE JARVIS AUSTIN, Case No. 21-cv-09347-JSC

Plaintiff,

ORDER RE: TIME FOR SERVICE

v. 9 Re: Dkt. No. 12 KERRI RILEY, Defendant.

12 Plaintiff is proceeding in this matter without representation by a lawyer. After Plaintiff filed his complaint on December 2, 2021, the Court ordered Plaintiff to either pay the required filing fee or complete an application to proceed in forma pauperis. (Dkt. Nos. 1, 2, 4.) Plaintiff paid the filing fee and the Clerk issued the summons. (Dkt. Nos. 9, 11.) Plaintiff then filed a motion for leave or extension, (Dkt. No. 12), which the Court construes as a motion to enlarge time for service of the summons and complaint upon Defendant. See N.D. Cal. Civ. L.R. 6-3. Under Federal Rule of Civil Procedure 4(m), a defendant should ordinarily be served within 90 days after the complaint is filed. A court may “extend the time for service for an appropriate period” if the plaintiff “shows good cause for the failure” to timely serve. Fed. R.…

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