Cheyenne Clemens v. United States Postal Services

Summary

The United States District Court for the Central District of California issued an order to show cause why the action should not be dismissed for lack of prosecution. The court found that Plaintiff had not filed proof of service on United States Postal Services within 90 days of filing the complaint and ordered a written response by June 27, 2025, under Federal Rule of Civil Procedure 4(m).

Holdings

1. Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed.
2. The district court may invoke its inherent power to dismiss an action for lack of prosecution on its own motion.

Questions Presented

1. Whether the court should require Plaintiff to show cause why the action should not be dismissed without prejudice for failure to serve the defendant within 90 days.
2. Whether Plaintiff may avoid dismissal by showing that service was timely effectuated or that good cause existed for the failure to serve.

Disposition

other