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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 GORDON BULLOCK, 11 Plaintiff, 12 13 14 v. S. JOHNSON, and T. BREKKE, 15 Defendants. ) No. CV 15-2070-PA (AS) ) ) ) ORDER RE SERVICE OF PROCESS ) ) ) ) ) ) 16 17 The Court has reviewed Plaintiff’s Third Amended Complaint filed 18 on May 31, 2016. 19 20 IT IS HEREBY ORDERED: 21 22 1. 23 24 25 26 27 The Clerk of the Court is directed to provide Plaintiff with the appropriate number of USM-285 Forms (“Process Receipt and Return”), copies of the summons and the Order Directing Service, and a form Notice of Submission. The Clerk of the Court will keep the original summons for forwarding to the United States Marshal, along with copies of the Third Amended Complaint filed on May 31, 2016. 28 1 1 2. In order to accomplish service of process by the United 2 States Marshal, Plaintiff must complete these USM-285 forms and send 3 them to Alma Felix, Clerk to Magistrate Judge Sagar, no later than 4 August 5 Submission to confirm that he has complied with the Court’s Order and 6 include it with the completed USM-285 forms. 7 completed USM-285 forms and Notice of Submission, the Clerk of the 8 Court will send the necessary documents to the United States Marshal 9 for service of process and will file the Notice of Submission. 1, 2016. Plaintiff must also complete the Notice of Upon receipt of the 10 11 3. The completed USM-285 forms must be signed and legible, 12 written in ink or typed. Only a Defendant named in the Court’s Order 13 Directing Service of Process can be included on a USM-285 form. 14 one Defendant can be named on each USM-285 form. 15 provide a first and last name for each Defendant, as well as the 16 Defendant’s 17 provide a complete street address where each Defendant can be served, 18 together with any special instructions or other information that may 19 assist in expediting service, such as whether the Defendant works in 20 a specific part of the building or whether the Defendant works an 21 evening 22 Plaintiff must sign each USM-285 form. identification shift. A post number, office if box available. number is Only Plaintiff must Plaintiff not must acceptable. 23 24 4. Plaintiff must specify on the USM-285 form whether the 25 Defendant is being served as an individual or in his/her official 26 capacity, or both, as indicated on the Order Directing Service of 27 Process. If the 28 capacity, or both Defendant his/her is being individual 2 served and in his/her official official capacities, 1 Plaintiff must 2 complete a separate USM-285 form for each capacity in which the 3 Defendant is being served. 4 Service of Process directs the United States Marshal to serve five 5 Defendants 6 complete five USM-285 forms. 7 Marshal 8 official capacities, Plaintiff must complete ten USM-285 forms. in to indicate their serve his/her title. Plaintiff must For example, if the Order Directing individual five official capacities only, Plaintiff must If the Order directs the United States Defendants in both their individual and 9 10 5. If Plaintiff does not send the completed USM-285 forms and 11 Notice of Submission by August 1, 2016, this action will be subject 12 to dismissal with prejudice. 13 14 6. The United States Marshal shall serve the Summons and 15 Complaint as indicated on the Order Directing Service of Process by 16 the United States Marshal. 17 18 Dated: June 30, 2016 19 20 21 ______/s/______________________ ALKA SAGAR United States Magistrate Judge 22 23 24 25 26 27 28 3

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