Opinion
EDCV 24-0446 JGB (SHK)
05-30-2024
Dennis Cooper v. Maribel Gonzalez, et al.
THE HONORABLE JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES-GENERAL
Proceedings: Order to Show Cause re Dismissal for Lack of Prosecution (INCHAMBERS)
Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed. Fed. R. Civ. Proc. 4(m). Generally, defendants must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed R. Civ. Proc. 12(a)(1).
In the present case, defendants failed to file an answer or responsive pleading by the May 16, 2024 deadline and plaintiff has yet to request entry of default. (See Dkt. Nos. 9,14.) Accordingly, the Court, on its own motion, orders plaintiff to show cause in writing on or before June 7, 2024, why this action should not be dismissed as to the applicable defendants for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by the plaintiff is due.
IT IS SO ORDERED.