Marcus Anthony Barraza v. Carolyn W Colvin

Filing 9

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. Plaintiff is ORDERED to show cause in writing by November 1, 2013 (SEE MINUTES FOR DETAILS). (kca)

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

ED CV 13-1557-GW (SP)

Title

MARCUS ANTHONY BARRAZA v. CAROLYN W. COLVIN, Acting Commissioner
of Social Security Administration

Present: The Honorable

Date

October 17, 2013

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 September 12, 2013 plaintiff filed a Complaint for Review of Final Decision of
the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). On September 16,
2013, 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), and specifically ordered that a
proof of such service must be filed with the court within 28 days after the filing of the
complaint, i.e., on or before October 10, 2013. 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 November 1,
2013 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 November 1, 2013, proof of service of the summons and complaint.
The court warns plaintiff that failure to respond to the Order to Show Cause
by November 1, 2013, or further failure to prosecute this action in accordance with
the Case Management Order and other court orders, may result in dismissal of this
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

ED CV 13-1557-GW (SP)

Date

October 17, 2013

Title

MARCUS ANTHONY BARRAZA v. CAROLYN W. COLVIN, Acting Commissioner
of Social Security Administration

action for failure to prosecute.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2