Tarik Smith v. County of Riverside, et al.

Summary

The court orders plaintiff Tarik Smith to show cause why claims against defendants Sarai Camacho and Rebecca Zamora should not be dismissed for failure to serve them within the 90-day period required by Federal Rule of Civil Procedure 4(m). The order permits plaintiff to respond by filing proofs of valid service or demonstrating good cause for the failure to serve, with a deadline of June 24, 2025.

Holdings

1. Absent a showing of good cause, an action must be dismissed as to a named defendant when the summons and complaint are not served within 90 days after the complaint is filed.
2. The court may dismiss an action for lack of prosecution on its own motion pursuant to its inherent authority.

Questions Presented

1. Whether plaintiff was required to show good cause or otherwise explain his failure to serve defendants Camacho and Zamora within 90 days under Federal Rule of Civil Procedure 4(m).
2. Whether failure to respond to the order to show cause could result in dismissal of the unserved defendants for lack of prosecution and failure to effect service.

Disposition

other