Lisa Ann Wheeler Arce v. Michael J. Astrue

Filing 8

ORDER TO SHOW CAUSE by Magistrate Judge Jean P Rosenbluth.(See Order for details.) Accordingly, on or before November 30, 2012, Plaintiff must show good cause in writing, if any exists, why she did not timely serve the Commissioner with the summons a nd Complaint and file proof of such service, and why the Court show not therefore recommend that this action be dismissed for failure to prosecute and failure to comply with the Court's July 19 Order. (Response to Order to Show Cause due by 11/30/2012.) (wr)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
LISA ANN WHEELER ARCE,

10
Plaintiff,

11
vs.

12
13

MICHAEL J. ASTRUE,
Commissioner of Social
Security,

14
Defendant.

) Case No. EDCV 12-1092-JVS (JPR)
)
)
) ORDER TO SHOW CAUSE
)
)
)
)
)
)
)

15
16

In its July 19, 2012 Case Management Order, the Court

17 ordered Plaintiff to “promptly serve the summons and complaint on
18 the Commissioner in the manner required by Rule 4(i) of the
19 Federal Rules of Civil Procedure and 20 C.F.R. § 423.1.”

The

20 Court also ordered Plaintiff to file proof of service with the
21 Court.

The Court warned Plaintiff that “[f]ailure to effectuate

22 proper service within 120 days after the filing of the complaint
23 may result in dismissal of this case.”
24 on July 18, 2012.

The Complaint was filed

To date, 121 days after the Complaint was

25 filed, Plaintiff has not filed any proof of service with the
26 Court.
27

Accordingly, on or before November 30, 2012, Plaintiff must

28 show good cause in writing, if any exists, why she did not timely
1

1 serve the Commissioner with the summons and Complaint and file
2 proof of such service, and why the Court should not therefore
3 recommend that this action be dismissed for failure to prosecute
4 and failure to comply with the Court’s July 19 Order.

Plaintiff

5 is warned that if she fails to comply with this Order, the Court
6 will recommend that this action be dismissed for lack of
7 prosecution.
8
9 DATED: November 16, 2012
10

___________________________________
JEAN ROSENBLUTH
U.S. MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2