Hector Ruben McGurk v. United States ( 2024 )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA HECTOR RUBEN MCGURK, Case No. 5:24-cv-01260-SB-JDE Plaintiff, v. ORDER TO SHOW CAUSE RE LACK OF PROSECUTION UNITED STATES OF AMERICA, Defendant. Generally, a plaintiff must serve process on defendants within 90 days of the filing of the complaint. See Fed. R. Civ. P. 4(m). The complaint in this matter was filed on June 13, 2024. Dkt. No. 1. More than 90 days have passed since the complaint in this case was filed, and Plaintiff has not filed a proof of service. Plaintiff is ordered to show cause, in writing, no later than November 1, 2024, why this action should not be dismissed for lack of prosecution. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Court will consider as an appropriate response to this order to show cause (OSC) the filing of proof of service showing that Defendant was served within the 90-day period or a showing of good cause supporting a request to extend the service period. The filing of a proof of service shall result in the automatic discharge of this OSC without further order. If Plaintiff seeks an extension of his time to serve, he shall explain why the Court should grant the extension given that his related case, which appears to involve the same allegations as the instant action, was dismissed with prejudice. Case no. 5:22-cv-00529-SB-JDE, Dkt. No. 46 (final judgment dismissing with prejudice); see Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394, 398 (1981) (“A final judgment on the merits of an action precludes the parties . . . from relitigating issues that were or could have been raised in that action.”). Failure to timely respond to the OSC will be construed as consent to dismissal without prejudice of Plaintiff’s claims. Date: October 9, 2024 ___________________________ Stanley Blumenfeld, Jr. United States District Judge