Michael Euzle Jacques v. McDonald et al

Filing 19

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 2/2/2017. Plaintiff may discharge this Order by filing one of the following: 1) a request for an extension of time to file copies of the USM-285 forms; 2) copies of the USM-285 forms that were provided to the United States Marshal Service; or (3)a declaration, signed under penalty of perjury, that states that Plaintiff mailed the completed USM-285 forms to the U.S. Marshal. Alternativ ely, if Plaintiff does not wish to pursue this action, he may file a document entitled Notice Of Dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Plaintiff is further advised that his deadline for completing service of the SAC is February 15, 2017. If Plaintiff does not mail his completed USM-285 forms to the U.S. Marshal by that date, the case may be subject to dismissal under Rule 4(m) of the Federal Rules of Civil Procedure. (rh)

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

CV 16-3599-GW (KS)

Title

Michael Euzel Jacques v. Deputy Sheriff Perez, et al

Present: The Honorable:

Date: January 12, 2017

Karen L. Stevenson, United States Magistrate Judge

Roxanne Horan-Walker
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On May 24, 2016, Plaintiff, a California state prisoner proceeding pro se, filed a civil
rights complaint (the “Complaint”) pursuant to 42 U.S.C. § 1983. (Dkt. No. 1.) The Court
dismissed the initial Complaint with leave to amend, but on November 17, 2016, the Court
directed service of the Second Amended Complaint (the “SAC”) (Dkt. No. 13) and ordered
Plaintiff to file with the Court, within 30 days, copies of the USM-285 forms that he submitted to
the U.S. Marshal. (Dkt. No. 15; see also Dkt. Nos. 16, 17.)
Nearly a month has passed since Plaintiff’s December 16, 2016 deadline for filing copies
of the USM-285 forms with the Court, and the Court has not received copies of Plaintiff’s
completed USM-285 forms. The Court may now recommend dismissal of the action pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure, which states that a civil action is subject to
involuntary dismissal if a plaintiff “fails to prosecute or to comply with these rules or a court
order.”
However, in the interests of justice, Plaintiff is ORDERED TO SHOW CAUSE on or
before February 2, 2017, why the Court should not recommend that this action be dismissed for
failure to prosecute and comply with court orders. If Plaintiff wishes to proceed with this action,
he may discharge this Order by filing one the following:
(1) a request for an extension of time to file copies of the USM-285 forms
and a declaration signed under penalty of perjury that establishes good
cause for Plaintiff’s failure to timely comply with the Court’s orders;
(2) copies of the USM-285 forms that were provided to the United States
Marshal Service; or

CV-90 (03/15)

Civil Minutes – General

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

CV 16-3599-GW (KS)

Date: January 12, 2017

Title

Michael Euzel Jacques v. Deputy Sheriff Perez, et al
(3) a declaration, signed under penalty of perjury, that states that Plaintiff
mailed the completed USM-285 forms to the U.S. Marshal and proof of
the date of mailing, such as a prison mail log.

Alternatively, if Plaintiff does not wish to pursue this action, he may file a document
entitled “Notice Of Dismissal” pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.
Plaintiff is advised that the failure to timely comply with this order may result in the
dismissal of this case pursuant to Fed. R. Civ. P. 41(b) and Local Rule 41-1.
Plaintiff is further advised that his deadline for completing service of the SAC is
February 15, 2017. If Plaintiff does not mail his completed USM-285 forms to the U.S. Marshal
by that date, the case may be subject to dismissal under Rule 4(m) of the Federal Rules of Civil
Procedure.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

rhw

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