Juan Antonio Pacheco v. A. Moreno

Summary

The United States District Court for the Central District of California ordered pro se Plaintiff Juan Antonio Pacheco to show cause why his § 1983 action against Orange County Sheriff Deputy A. Moreno should not be dismissed. The order requires Plaintiff to file subpoena forms by June 13, 2025 to facilitate identification and service of the defendant, warning that failure to do so may result in dismissal under Federal Rules of Civil Procedure 4(m) and 41(b).

Holdings

1. Failure to serve a defendant within the period required by Rule 4(m), together with failure to prosecute or obey court orders, may warrant dismissal after notice and an opportunity to respond; rather than dismissing immediately, the court ordered Plaintiff to file the subpoena by June 13, 2025 and warned that noncompliance could lead to a recommendation of dismissal.

Questions Presented

1. Whether the court should issue an order to show cause and warn of dismissal when the plaintiff has failed to effectuate service and has repeatedly failed to comply with orders requiring submission of a subpoena.
2. Whether failure to serve the defendant within the required period and failure to prosecute or obey court orders may support dismissal under Federal Rules of Civil Procedure 4(m) and 41(b).

Disposition

other