Opinion
CV 20-6434 JWH (MRW)
01-04-2021
Ricky T. v. Saul
Present: The Honorable Michael R. Wilner
CIVIL MINUTES - GENERAL
Proceedings: ORDER TO SHOW CAUSE RE: DISMISSAL OF UNSERVED COMPLAINT
This is a pro se appeal of the denial of Social Security disability benefits. Plaintiff filed the action on July 17, 2020. (Docket #1.) On that date. Plaintiff also requested permission to proceed in forma pauperis. (Docket #2.)
On July 24, Magistrate Judge Wilner granted Plaintiffs IFP request and issued a procedural order. (Docket # 7, 8.) The procedural order explained that Plaintiff was authorized to serve the complaint on the government, and that the government was required to file a notice of appearance after receipt of seivice. However, the case would otherwise be stayed because of coronavirus and pursuant to Order of the Chief Judge 20-74. The order directed Plaintiff either to request Marshals' seivice within 10 days or to seive the government himself in compliance with Federal Rule of Civil Procedure 4. (Docket # 8 at 1.)
Plaintiff did neither. He did not file a timely request for Marshals' service. He also failed to file proof of seivice on the government within 90 days of commencement of the action as required under Rule 4(1) and (m). To date, the government has not appeared in the action and the complaint does not appear to have been seived.
Under Rule 4(m), the Court must dismiss this action. However, in the interests of justice and in fairness to a self-represented litigant, the Court will give Plaintiff an opportunity to demonstrate good cause to extend the period of time during which he may seive the complaint. Plaintiff is ORDERED to respond to this order to show cause by February 1. hi the alternative, Plaintiff may voluntarily dismiss the action.