James D Fox v. Kim Holland

Northern District of California, cand-4:2015-cv-02134

ORDER TO SHOW CAUSE RE: FAILURE TO SERVE DEFENDANT. By 10/23/2015, plaintiff must file a proof of service, or explain why service cannot be completed. Signed by Judge Nathanael Cousins on 10/16/2015.

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JAMES D. FOX, Case No.15-cv-02134-NC 11 Plaintiff, ORDER TO SHOW CAUSE RE: Northern District of California 12 v. FAILURE TO SERVE DEFENDANT United States District Court 13 KIM HOLLAND, 14 Defendant. 15 16 A petition for writ of habeas corpus was filed in this case on May 12, 2015, and 17 supplemented on June 1, 2015. A plaintiff has 120 days from the date the complaint is 18 filed to serve a defendant, or else the Court may dismiss the case. Fed. R. Civ. P. 4(m). In 19 this case, plaintiff should have served defendant by September 9, 2015; however, no proof 20 of service has been filed with the Court. Thus, by October 23, 2015, plaintiff must file a 21 proof of service, or explain why service cannot be completed. 22 IT IS SO ORDERED. 23 24 Dated: October 16, 2015 _____________________________________ NATHANAEL M. COUSINS 25 United States Magistrate Judge 26 27 28 Case No.15-cv-02134-NC