Anthony Allen Oliver v. California Dept of Corrections & Rehabilitation et al

Filing 24

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE by Magistrate Judge Kenly Kiya Kato. Response to Order to Show Cause due by 8/14/2014. (SEE ORDER FOR DETAILS). (vp)

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

EDCV 13-2225-SJO (KK)

Title

ANTHONY ALLEN OLIVER V. CALIFORNIA DEPT. OF CORRECTIONS AND
REHABILITATION, ET AL.

Present: The
Honorable

Date

August 1, 2014

Kenly Kiya Kato, United States Magistrate Judge

Deb Taylor

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Complaint Should Not Be
Dismissed for Failure to Prosecute

On December 19, 2013, Plaintiff Anthony Allen Oliver, an inmate proceeding pro
se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. (Docket No. 3). On June
10, 2014, the Court issued an Order Re Service of Complaint (Docket No. 18) ordering,
among other things, that "[n]o later than thirty (30) days from the date of this order,
plaintiff shall file with the Clerk of Court a Notice of Submission indicating that all
required documents have been submitted to the United States Marshal for service of the
Complaint." (Id.).
As of this date, Plaintiff has failed to file the Notice of Submission as required by
the June 10, 2014 Order.
It therefore appears that plaintiff has failed to follow the Court’s Order.
Accordingly, within fourteen (14) days of the date of this Order, that is, by August 14,
2014, plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action should
not be dismissed for failure to prosecute and/or comply with a court order. Alternatively,
Plaintiff can discharge this order by filing copies of the USM-285 forms he submitted to
the United States Marshal by August 14, 2014.
Plaintiff is cautioned that his failure to timely file a response to this Order to Show
Cause will be deemed by the court as consent to the dismissal of this action without
prejudice.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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