Jason Allen White v. San Joaquin General Hospital, et al.

Summary

The United States District Court for the Eastern District of California orders Plaintiff Jason Allen White to show cause why the action should not be dismissed for failure to effect service under Federal Rule of Civil Procedure 4(m) or for lack of subject-matter jurisdiction. The court notes that no proof of service or defendant appearance has been filed, the complaint lacks a jurisdictional statement, and directs Plaintiff to respond within 14 days.

Holdings

1. Because more than 90 days had elapsed after filing without a return or proof of service and without a motion demonstrating good cause for an extension, plaintiff was required to show cause why the action should not be dismissed without prejudice under Federal Rule of Civil Procedure 4(m).
2. The court required plaintiff to show cause why the action should not be dismissed because the complaint did not state a jurisdictional basis and the alleged facts did not make federal jurisdiction obvious.

Questions Presented

1. Whether plaintiff should be required to show cause why the action should not be dismissed without prejudice for failure to effect service within the time required by Federal Rule of Civil Procedure 4(m).
2. Whether the complaint sufficiently established a basis for federal subject-matter jurisdiction under Federal Rule of Civil Procedure 8(a)(1).
3. Whether the Clerk should assign a district judge because no defendant had appeared and consent to magistrate-judge jurisdiction was unavailable.

Disposition

other