Luna v. Wexford Health Sources, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESSE BEN LUNA,
Plaintiff,
v. 	Case No. 2:25-cv-00133-KWR-LF
WEXFORD HEALTH SOURCES, INC.
et al.,
Defendants.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. Federal Rule of Civil Procedure 4(m)
provides in part:
If a defendant is not served within 90 days after the complaint is filed, the court—
on motion or on its own after notice to the plaintiff—must dismiss the action
without prejudice against that defendant or order that service be made within a
specified time.
Plaintiff served defendant Wexford Health Sources, Inc. (“Wexford”) with his Complaint
on January 10, 2025. Doc. 1 at 1. Wexford removed this action to this Court from the Third
Judicial District, County of Doña Ana, State of New Mexico on February 7, 2025. Doc. 1 at 1.
In all cases removed from any State court to any district court of the United States
in which any one or more of the defendants has not been served with process or in
which the service has not been perfected prior to removal, or in which process
served proves to be defective, such process or service may be completed or new
process issued in the same manner as in cases originally filed in such district
court.
28 U.S.C. § 1448. Accordingly, plaintiff Jesse Luna had through May 8, 2025, to serve the other
defendants. The record does not show that summonses were issued or served, and no proof
service has been filed as to all defendants other than Wexford (defendants Dr. Jose Andrade-
Barazza, LNP Lilian A Klinger, RNP David Saavedra, Dr. Zhu, J. Sigala, Hernia Mesh
Manufacturer, Dr. Dieter Dennig, Alisha Tafoya Lucero, Warden Mike De La Torre, Warden
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Lazarin, and New Mexico Department of Corrections). Mr. Luna has not shown good cause for
the failure to serve those defendants. See Fed. R. Civ. P. 4(m).
IT IS THEREFORE ORDERED that to avoid dismissal of this action against all
defendants other than Wexford, Mr. Luna must either effect service or provide the Court with a
written explanation showing good cause why service has not been made, on or before Monday,
December 08, 2025.
______________________________________
Laura Fashing
United States Magistrate Judge
Case 2:25-cv-00133-KWR-LF Document 13 Filed 11/20/25 Page 2 of 2