Opinion
Civ. 23-35 JCH/SCY
05-16-2023
CRAIG GABALDON, Plaintiff, v. NEW MEXICO STATE POLICE; KEVIN SMITH, in his individual capacity; KURTIS WARD, in his individual capacity; and JOHN DOES 1 THROUGH 4, Defendants.
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION REGARDING DOE DEFENDANTS
STEVEN C. YARBROUGH, UNITED STATES MAGISTRATE JUDGE.
This matter comes before the Court on the Order to Show Cause. Doc. 17. In that Order, the Court explained that the complaint names as defendants John Does 1 through 4 and that the deadline to serve those defendants, according to Federal Rule of Civil Procedure 4(m), has expired. Doc. 17 at 1. The Court therefore
notifie[d] Plaintiff that it will recommend dismissal without prejudice of the claims against the John Doe defendants for failure to serve, absent a showing of good cause to extend the deadline to move to amend the complaint to substitute the Doe defendants as named parties and absent a showing of good cause for the failure to serve.Id. at 2. The Court set a deadline of May 12, 2023 for Plaintiff to provide a written explanation showing good cause to extend the deadline to move to amend and good cause for failure to serve. Id. That deadline has now passed and Plaintiff failed to provide any such explanation.
Accordingly, I recommend that the Court dismiss without prejudice the Doe defendants from this action.
THE PARTIES ARE FURTHER NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of a copy of these Proposed Findings and Recommended Disposition they may file written objections with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party must file any objections with the Clerk of the District Court within the fourteen-day period if that party wants to have appellate review of the proposed findings and recommended disposition. If no objections are filed, no appellate review will be allowed.