Kellye Davis v. Internal Revenue Service et al

Filing 7

ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. The court, on its own motion, orders plaintiff to show cause in writing on or before May 1, 2014, why this action should not be dismissed for lack of prosecution. Purs uant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint. (pso)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 13-9180 PA (SHx) Title Kellye Davis v. Internal Revenue Services Present: The Honorable Date April 17, 2014 PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Paul Songco Not Reported N/A Deputy Clerk Court Reporter Tape No. Attorneys Present for Plaintiffs: Proceedings: Attorneys Present for Defendants: Order to Show Cause Re Dismissal For Lack Of Prosecution 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 120 days after the complaint is filed. Fed. R. Civ. P. 4(m). In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before May 1, 2014, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff’s response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint. IT IS SO ORDERED. : Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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