Benny Vaden v. Megan J. Brennan

Filing 24

(IN CHAMBERS) SECOND ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Dale S. Fischer. Please refer to the Court's order for specifics. (cr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 16-8516 DSF (AJWx)

6/14/17

Benny Vaden v. Megan J. Brennan

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Second Order to Show Cause re Dismissal for Lack
of Prosecution

On April 27, 2016, this Court issued an Order to Show Cause re Dismissal for
Lack of Prosecution because the proofs of service on file did not indicate that the
government official defendant being sued in her official capacity had been properly
served. See Fed. R. Civ. P. 4(i)(2). Plaintiff was ordered to show cause, in writing, no
later than May 8, 2017, why the case should not be dismissed for lack of prosecution.
On May 9, Plaintiff filed a response seeking an additional 30 days to serve the
complaint. Plaintiff violated the Court’s Local Rules by failing to submit chambers
copies of the response. Plaintiff requested an additional 30 days within which to serve
the defendant. Service on a government official is not difficult, yet Plaintiff has
apparently still not served the defendant, though more than 30 days has passed. If
Plaintiff fails to provide a proper proof of service by July 14, 2017, his action will be
dismissed. The Court notes that Plaintiff’s previous complaint against this defendant was
dismissed for failure to prosecute.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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