Brent J. Small et al v. Judge John Davis et al

Filing 17

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE by Judge Virginia A. Phillips. Plaintiff failed to respond timely to the OSC. Accordingly, the Court DISMISSES without prejudice Plaintiff's Complaint. (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 BRENT J. SMALL AND LEE
ANN SMALL, AS HUSBAND
12 AND WIFE,

Case No. EDCV 12-01726 VAP
(SPx)

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ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE

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)
)
)
)
Plaintiff, )
)
v.
)
)
HONORABLE JUDGE JOHN
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DAVIS, INDIVIDUALLY AND )
IN HIS OFFICIAL CAPACITY )
AS A JUDGE IN THE
)
SUPERIOR COURT OF
)
CALIFORNIA IN THE COUNTY )
OF RIVERSIDE, JUDGE
)
PAULETTE BARKLEY,
)
INDIVIDUALLY AND IN HER )
OFFICIAL CAPACITY AS A )
JUDGE IN THE SUPERIOR
)
COURT OF CALIFORNIA IN )
THE COUNTY OF RIVERSIDE, )
AND DOES 1 THROUGH 10, )
INCLUSIVE,
)
)
Defendants. )
________________________ )

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On October 9, 2012, Plaintiffs Brent J. Small and Lee

26 Ann Small filed their First Amended Complaint (Doc. No.
27 12) ("FAC") against Defendants Judge John Davis, Judge
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1 Paulette Barkley, the Federal National Mortgage
2 Association, and DOES 1 to 10.
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Plaintiffs filed a Proof of Service on October 28,

5 2012 (Doc. No. 11), which did not comply with Federal
6 Rule of Civil Procedure 10.

The Court notified

7 Plaintiffs of this deficiency (Doc. No. 15) on November
8 1, 2012.
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Since then, Plaintiffs have not filed an amended

11 Proof of Service.

On May 2, 2013, the Court issued an

12 Order to Show Cause ("OSC"), by May 13, 2013, why the
13 action should not be dismissed without prejudice for
14 failure to prosecute. (See Doc. No. 16.)
15 failed to respond timely to the OSC.

Plaintiff

Accordingly, the

16 Court DISMISSES without prejudice Plaintiff's Complaint.
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19 Dated: May 15, 2013
VIRGINIA A. PHILLIPS
United States District Judge

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