Jervis Fitzgerald v. Carolyn W. Colvin

Filing 10

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian.Within fourteen (14) days of the date of this Order, i.e., by not later than May 8, 2015, plaintiff shall show good cause in writing, if there be any, why plaintiff has not co mplied with the March Order by filing a proof of service demonstrating that he has effected service of the Summons and Complaint upon defendant and why this case should not be dismissed based upon such noncompliance and/or for failure to prosecute. See order for details. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JERVIS FITZGERALD,

) Case No. CV 15-1439 GW(JC)
)
Plaintiff,
)
) ORDER TO SHOW CAUSE RE
vs.
) DISMISSAL
)
CAROLYN W. COLVIN, Acting )
Commissioner of Social Security, )
)
Defendant.
)
On February 27, 2015, plaintiff Jervis Fitzgerald (“plaintiff”), who is

18 represented by counsel, filed the Complaint in the above-captioned matter. On
19 March 2, 2015, the Court issued a Case Management Order (“March Order”)
20 which directed plaintiff promptly to serve the Summons and Complaint on
21 defendant in accordance with Rule 4(i) of the Federal Rules of Civil Procedure.
22 See March Order ¶ 2. The March Order further directed plaintiff to file a proof of
23 service showing compliance therewith within thirty (30) days. Id. The March
24 Order also cautioned plaintiff that the failure to comply therewith might result in
25 the issuance of an order to show cause re dismissal of this case for failure to
26 prosecute. Id. Although plaintiff’s deadline to file the requisite proof of service
27 has expired and although the Clerk has twice left him courtesy voicemails
28 regarding the same, to date, plaintiff has not filed the requisite proof of service.
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IT IS THEREFORE ORDERED that within fourteen (14) days of the date

2 of this Order, i.e., by not later than May 8, 2015, plaintiff shall show good cause
3 in writing, if there be any, why plaintiff has not complied with the March Order by
4 filing a proof of service demonstrating that he has effected service of the
5 Summons and Complaint upon defendant and why this case should not be
6 dismissed based upon such noncompliance and/or for failure to prosecute. Failure
7 timely to respond to this Order to Show Cause or to show cause, may result in the
8 dismissal of this action for failure to comply with the March Order and/or this
9 Order to Show Cause, and/or for failure to prosecute.
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IT IS SO ORDERED.

11 DATED:

April 24, 2015

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/s/
Honorable Jacqueline Chooljian
UNITED STATES MAGISTRATE JUDGE

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