Lloyd Thomas Bernhard, II v. County of San Joaquin, et al.

Summary

A United States magistrate judge recommends dismissing Lloyd Thomas Bernhard, II’s pro se civil action against the County of San Joaquin and other defendants without prejudice for failure to effect service within the time required by Federal Rule of Civil Procedure 4(m). The recommendation also directs the Clerk to enter judgment and close the case, subject to the parties’ right to file objections.

Holdings

1. The court recommended dismissal without prejudice because Plaintiff did not serve Defendants within 90 days, did not file proof of service, and did not establish good cause for an extension.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to serve Defendants within 90 days as required by Federal Rule of Civil Procedure 4(m).
2. Whether Plaintiff demonstrated good cause warranting an extension of the service period.

Disposition

other