Fernandez
Fernandez v. MCC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARCELO LARIOS FERNANDEZ, Case No.: 3:20-cv-01265-GPC-AHG Reg. No. 87515-298,
ORDER FOLLOWING ORDER TO
Plaintiff, SHOW CAUSE AND DISMISSING v. CIVIL ACTION FOR FAILURE TO
SERVE
MCC, Metropolitan Correctional Center; 15 C/O SANDOVAL, John DOES 1-4, Defendants. 17 18 On November 30, 2022, the Court issued an order to show cause why the third amended complaint should not be dismissed for failing to effect service pursuant to Federal Rule of Civil Procedure (“Rule”) 4(m) and directed that Plaintiff file a response on or before December 23, 2022. (Dkt. No. 36.) To date, Plaintiff has not filed a response. On November 26, 2021, Plaintiff, proceeding pro se and in forma pauperis, filed the operative third amended complaint (“TAC”). (Dkt. No. 30.) On January 25, 2022, upon screening of the TAC pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), the Court concluded that the TAC alleged a plausible…