Gordon Bullock v. S Johnson et al

Filing 34

ORDER TO SHOW CAUSE Lack of Prosecution by Magistrate Judge Alka Sagar. Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than Monday, April 24, 2017, why this action should not be dismissed without prejudice as to defendant Brekke for failure to complete service of the operative complaint in a timely manner. (See Order for complete details) (Attachments: # 1 Courts Order re Service of Process, # 2 Notice of Dismissal (Blank)) (afe)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
No.

CV 15-2070-PA (AS)

Title

Gordon Bullock v. S. Johnson and T. Brekke,.

Present: The Honorable

Date

March 23, 2017

Alka Sagar, United States Magistrate Judge

Alma Felix

Not reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

Order to Show Cause Re. Lack of Prosecution

On May 31, 2016, pro se Plaintiff Gordon Bullock filed a Third Amended Complaint naming
S. Johnson and T. Brekke as defendants. (Docket Entry No. 16). On June 30, 2016, the Court
determined that the Third Amended Complaint could be served on the defendants and issued orders
directing service of process by the United States Marshall. (Docket Entry Nos. 17-19). The Court’s
docket reflects that on August 26, 2016, the United States Marshall was unable to serve defendant T.
Brekke after being advised that T. Brekke is deceased. (Docket Entry No. 22).
As of the date of this order, defendant T. Brekke remains unserved. Rule 4(m) of the Federal
Rules of Civil Procedure provides that “[ i]f 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.”
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than Monday, April 24,
2017, why this action should not be dismissed without prejudice as to defendant Brekke for failure to
complete service of the operative complaint in a timely manner. This Order will be discharged upon
the filing of an amended USM-285 form (“Process Receipt and Return”) and form notice of submission
setting forth an address where Defendant Brekke can be served and any special instructions or other
information to assist with service, or by filing a declaration under penalty of perjury stating why
Plaintiff is unable to do so.
The Clerk is directed to attach a copy of the Court’s Order re service of process, dated June 30,
2016, (Docket Entry No. 18) to this Order and provide Plaintiff with a USM-285 form, copies of the
Order Directing Service and a form Notice of Submission. .

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CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
No.

CV 15-2070-PA (AS)

Date

Title

March 23, 2017

Gordon Bullock v. S. Johnson and T. Brekke,.

If Plaintiff no longer wishes to pursue this action against defendant T. Brekke, he may
request a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a) of this action
against defendant Brekke without prejudice. A notice of dismissal form is attached for Plaintiff’s
convenience.
Plaintiff is warned that a failure to timely respond to this Order will result in a
recommendation that this action be dismissed with prejudice – as to Defendant Brekke - under
Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court orders.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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AF

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