Rodriguez-Sorto v. The Geo Group, Inc.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning service of process. The court dismissed the United States and U.S. Immigration and Customs Enforcement without prejudice under Federal Rules of Civil Procedure 4(i) and 4(m) because Plaintiff did not timely serve them or respond to the order to show cause.

Holdings

1. Because plaintiff did not file proof of service for the United States or U.S. Immigration and Customs Enforcement, did not respond to the order to show cause, and did not demonstrate good cause, the court dismissed those defendants without prejudice under Federal Rules of Civil Procedure 4(i) and 4(m).

Questions Presented

1. Whether the court should adopt the magistrate judge's recommendation to dismiss the United States and U.S. Immigration and Customs Enforcement for failure to serve them in accordance with Federal Rule of Civil Procedure 4(i) within the time required by Rule 4(m).
2. Whether the court should exercise its discretion to extend the time for service despite plaintiff's failure to show good cause.

Disposition

dismissed