Robert Chavira v. W. Olukami et al

Filing 11

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY FIRST AMENDED COMPLAINT SHOULD NOT BE DISMISSED by Magistrate Judge Jay C. Gandhi. Within within fourteen (14) days of the date of this Order, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action shou ld not be dismissed for failure to prosecute and/or comply with a court order. Plaintiff is cautioned that his failure to timely file a response to this Order to Show Cause will be deemed by the Court as consent to the dismissal of this action without prejudice. If Petitioner files the Notice within fourteen (14) days of the date of this Order, then this Order to Show Cause shall be automatically discharged. (Attachments: # 1 Service Order) (kh)

Case 2:15-cv-07371-PA-JCG Document 8 Filed 02/23/16 Page 1 of 4 Page ID #:97

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROBERT CHAVIRA,
Plaintiff,

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v.

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W. OLUKANMI,
Defendant.

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Case No. LA CV 15-7371 PA (JCG)
ORDER REGARDING SERVICE OF
PROCESS

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IT IS ORDERED THAT:

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1. The United States Marshal shall serve the Summons and First Amended

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Complaint, as indicated in the Order Directing Service of Process by the United States

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Marshal.

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2. The Clerk of Court is ordered to provide Plaintiff with the appropriate

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number of USM-285 forms with the service of process instructions. In order to

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accomplish the service of process by the Marshal, Plaintiff must complete these forms

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and send them to the Marshal.

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3. No later than March 24, 2016, Plaintiff shall file with the Clerk of Court a

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Notice of Submission indicating that all required documents have been submitted to

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the Marshal for service of the First Amended Complaint. The form for this Notice of

Case 2:15-cv-07371-PA-JCG Document 8 Filed 02/23/16 Page 2 of 4 Page ID #:98

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Submission is attached to this Order. Additionally, Plaintiff shall file copies of the

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USM-285 forms submitted to the United States Marshal.

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4. Plaintiff is advised that, under Federal Rule of Civil Procedure 4(m), service

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of the Summons and First Amended Complaint must be accomplished on each named

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defendant within 90 days after the filing of the First Amended Complaint. The Court

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sua sponte extends that 90-day period to commence as of the date of this order. Thus,

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Plaintiff shall have until May 23, 2016 to serve the Summons and First Amended

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Complaint. Plaintiff is warned that his failure to effect service by this date may

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result in the dismissal of the action, as to any unserved defendant, for failure to

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serve, prosecute, and/or comply with court orders.
5. Plaintiff is advised of the following requirements for the preparation and
submission of all future documents in connection with this case:
a. All documents concerning this case are to be addressed and submitted

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to the clerk for filing. Pursuant to Rule 83-2.5 of the Local Rules of this Court, the

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parties and their attorneys may not communicate with the Judge or his staff by letter.

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All inquiries, requests, or other matters to be called to the Judge’s attention regarding

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this case should be submitted for filing as motions, applications, or other appropriate

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pleadings, and a copy must be served on all other parties in the case.

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b. At the top of the first page of any document submitted for filing,

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Plaintiff shall provide his precise name and mailing address. The address provided

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will be presumed correct and will be used by the Court to communicate with Plaintiff.

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During the pendency of the action, Plaintiff must notify the Court immediately if his

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address changes and must provide the Court with the new address and its effective

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date. Any failure by Plaintiff to comply with a court order where Plaintiff did not

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receive the order due to failure to inform the Court of Plaintiff’s current address

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may result in the action being dismissed for failure to prosecute. See Carey v.

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King, 856 F.2d 1439, 1440-1441 (9th Cir. 1988) (per curiam); Local Rule 41-6.

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c. Plaintiff shall write or type legibly, using only one side of each
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Case 2:15-cv-07371-PA-JCG Document 8 Filed 02/23/16 Page 3 of 4 Page ID #:99

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page. Plaintiff shall type or write the original document using ink (not pencil), when

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possible, which is sufficiently dark that it can be photocopied clearly.
d. Plaintiff shall submit one original and one copy (or, if Plaintiff

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wishes to receive a conformed copy, one original and two copies) of all documents

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filed with the Court. The clerk will not make photocopies of documents except for

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good cause shown. Plaintiff is reminded that he or she must sign the original

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document.

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e. Each document should have at least a one-inch margin at the top of

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each page so that the document can be two-hole punched and properly bound in the

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Court’s file.
f. After any defendant has entered an appearance in the case,

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Plaintiff must serve a copy of every pleading or other document submitted for

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consideration by the Court upon each defendant’s attorney, or defendant himself

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or herself if no attorney has appeared in the case for that defendant. Each

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document submitted for filing must be accompanied by a proof of service

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establishing that service has been accomplished in accordance with Rule 5 of the

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Federal Rules of Civil Procedure and Local Rule 5-3.1 of this Court. The proof of

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service must state the date that a true and correct copy of the pleading or document was

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mailed to each defendant or his or her counsel. Any document received by the Court

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which fails to include such a proof of service will be disregarded.

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Case 2:15-cv-07371-PA-JCG Document 8 Filed 02/23/16 Page 4 of 4 Page ID #:100

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Any document submitted that does not comply with the foregoing may be

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returned to Plaintiff without filing or stricken and denied consideration by the

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Court. Plaintiff is advised that compliance with each of these requirements, and with

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all other requirements of the Local Rules of this Court, will avoid delays in the

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consideration of this case.

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Dated: February 23, 2016
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Hon. Jay C. Gandhi
United States Magistrate Judge

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Case 2:15-cv-07371-PA-JCG Document 8-1 Filed 02/23/16 Page 1 of 1 Page ID #:101

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROBERT CHAVIRA,
Plaintiff,

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v.

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W. OLUKANMI,
Defendant.

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Case No. LA CV 15-7371 PA (JCG)
NOTICE OF SUBMISSION OF
DOCUMENTS TO THE UNITED
STATES MARSHAL

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Plaintiff hereby states, under penalty of perjury, that he has complied with the

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Court’s Order Regarding Service of Process by the United States Marshal. On

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________________________, Plaintiff sent the following to the United States

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Marshal:

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____ completed USM-285 form(s).

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Plaintiff further states under penalty of perjury that Plaintiff has not requested

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service upon any person other than those listed in the Court’s Order Directing Service

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of Process by the United States Marshal.

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DATED: ____________________, 2016.
Robert Chavira