Cunningham v. Schopp et al

Northern District of California, cand-4:2014-cv-03033

ORDER REGARDING PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE AND DISMISSING, WITHOUT PREJUDICE, DEFENDANTS KILKENNY AND YUEN. Signed by Judge JEFFREY S. WHITE on 11/3/14.

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ARCHIBALD CUNNINGHAM, No. C 14-03033 JSW 9 Plaintiff, ORDER REGARDING PLAINTIFF'S RESPONSE TO 10 v. ORDER TO SHOW CAUSE AND DISMISSING, WITHOUT 11 MARIA SCHOPP, et al., PREJUDICE, DEFENDANTS United States District Court KILKENNY AND YUEN For the Northern District of California 12 Defendants. 13 / 14 15 On October 27, 2014, the Court issued an Order to Plaintiff to show cause 16 as to why the Court should grant an extension of time to serve the defendants Plaintiff had not 17 yet served and the efforts he had made to serve each of the named defendants who had not yet 18 appeared, an Order that was not limited to the judicial defendants. Because Plaintiff sued a 19 number of judicial defendants, the Court also directed Plaintiff to address why the claims 20 against the judicial defendants would not be barred by the doctrine of judicial immunity. 21 On October 29, 2014, Plaintiff filed a number of proofs of service for each of the 22 judicial defendants who had not yet appeared. The Court expresses no opinion on whether 23 Plaintiff's service was proper or whether Plaintiff's claims against these defendants have merit. 24 However, because Plaintiff has filed proof of service within the time required by Rule 4(m) as 25 to these defendants, the Court DISCHARGES the Order to Show Cause as to the judicial 26 defendants. 27 However, Plaintiff did not file proofs of service on Pat Kilkenny or T. Michael Yuen, 28 and his response to the Order to Show Cause did not address the efforts made to serve these defendants. Accordingly, the Court concludes that Plaintiff has not shown good cause, under 1 Rule 4(m), to extend the time to serve these defendants, and the Court DISMISSES, WITHOUT 2 PREJUDICE, the claims against Pat Kilkenny and T. Michael Yuen. 3 IT IS SO ORDERED. 4 Dated: November 3, 2014 JEFFREY S. WHITE 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2