Raynard Davis v. United States

• Court: District Court, C.D. California
• Decided: February 16, 2022
• Docket: 5:21-cv-01475
• Status: Unknown

Opinion

Case 5:21-cv-01475-CAS-SK Document 23 Filed 02/16/22 Page 1 of 2 Page ID #:44 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 5:21-cv-01475-CAS (SK) Date: February 16, 2022 Title Raynard Davis v. Federal Bureau of Prisons et al.

Present: The Honorable: Steve Kim, United States Magistrate Judge

Connie Chung n/a Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

None present None present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

In November 2021, after granting his application to proceed in forma pauperis, the Court authorized service of Plaintiff’s complaint against Defendants Federal Bureau of Prisons, USP Victorville Medical Department, USP Nurse Gonzales, and USP Victorville Officer Martini. (ECF 16, 17). And to have the U.S. Marshal’s Service (USMS) effectuate proper service, Plaintiff was ordered to return complete and accurate service information on USM-285 forms. (ECF 16 at 2-3). Yet Plaintiff has submitted only incorrect or incomplete forms so far (ECF 19 at 2-3), and the deadline for service was February 10, 2022 (ECF 16 at 4). While Plaintiff, as an IFP litigant, is entitled to have the aid of the USMS in completing the physical acts of service, it always remains Plaintiff’s responsibility to provide—on time—the necessary information for that service to be accomplished. See Walker v. Sumner, 14 F.3d 1415, 1421–22 (9th Cir. 1994), overruled on other grounds by Sandin v. Connor, 515 U.S. 472 (1995).

Thus, Plaintiff is ORDERED TO SHOW CAUSE by March 16, 2022 why the Court should not dismiss the complaint for failure to serve and prosecute. See Fed. R. Civ. P. 4(m). Plaintiff may discharge this order by completing the attached USM-285 forms according to the instructions in this Court’s November 2021 order (another copy attached). Pursuant to Plaintiff’s request to correct the last name of Defendant USP Nurse Gonzales to “Gomez” (ECF 19), which is granted, the attached USM-285 forms have been changed to reflect that correction. Finally, so long as Plaintiff returns completed USM-285 forms on time, the Court on its own motion for good cause will extend the deadline for service accordingly.

CV-90 (03/15) Civil Minutes – General Page 1 of 2 Case 5:21-cv-01475-CAS-SK Document 23 Filed 02/16/22 Page 2 of 2 Page ID #:45 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case No. 5:21-cv-01475-CAS (SK) Date: February 16, 2022 Title Raynard Davis v. Federal Bureau of Prisons et al.

Plaintiff is warned that failure to comply with this order may result in involuntary dismissal of this action for failure to prosecute without further notice. See Fed. R. Civ. P. 41(b); L.R. 41-1. If Plaintiff has decided to forego prosecution of this case for any reason, he must file a notice of voluntary dismissal using the attached form CV-9. Cases dismissed voluntarily do not count as “strikes” under 28 U.S.C. § 1915(g), which caps the total number of civil rights cases prisoners may file in their lifetime without prepayment of civil filing fees.

CV-90 (03/15) Civil Minutes – General Page 2 of 2