Japheth Matute v. Carolyn W. Colvin et al

Filing 8

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Case Should Not Be Dismissed for Failure to Effect Service and Prosecute. Accordingly, plaintiff is ORDERED to show cause in writing by May 22, 2017why this case should not be dismissed without prejudice for plaintiffs failure to prosecute and serve defendant within the required time period, as directed in the Case Management Order (SEE ORDER FOR DETAILS). (kca)

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

CV 17-87-AB (SP)

Title

JAPHETH MATUTE v. NANCY A. BERRYHILL, Acting Commissioner of Social
Security Administration

Present: The
Honorable

Date

May 5, 2017

Sheri Pym, United States Magistrate Judge

Kimberly Carter

n/a

n/a

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

n/a

n/a

Proceedings:

(In Chambers) Order to Show Cause Why Case Should Not Be Dismissed
for Failure to Effect Service and Prosecute

On January 5, 2017, plaintiff filed a Complaint for Review of Final Decision of the
Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). On January 13, 2017,
the court issued its Case Management Order in this matter. The Case Management Order
advised plaintiff that the summons and complaint must be served on defendant in
accordance with Federal Rule of Civil Procedure 4(i) within 90 days after the filing of the
complaint under Rule 4(m), that is by April 5, 2017, and specifically ordered that a proof
of such service must be filed with the court on or before April 12, 2017. The court
warned plaintiff that failure to comply with this requirement may result in the dismissal
of this case.
To date, the court has not received a proof of service. Nor has plaintiff requested
or obtained an order from the court granting an extension of time to do so. It therefore
appears that plaintiff has violated the court’s order and is not properly prosecuting this
action.
Accordingly, plaintiff is ORDERED to show cause in writing by May 22, 2017
why this case should not be dismissed without prejudice for plaintiff’s failure to
prosecute and serve defendant within the required time period, as directed in the Case
Management Order. Plaintiff may discharge this Order to Show Cause by filing, not later
than May 22, 2017, proof of service of the summons and complaint.
The court warns plaintiff that failure to respond to the Order to Show Cause
by May 22, 2017, or further failure to prosecute this action in accordance with the
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

CV 17-87-AB (SP)

Date

May 5, 2017

Title

JAPHETH MATUTE v. NANCY A. BERRYHILL, Acting Commissioner of Social
Security Administration

Case Management Order and other court orders, may result in dismissal of this
action for failure to prosecute.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2