Shelley Graham Towns, Sr v. B M Cash et al

Filing 66

MINUTES (In Chambers) ORDER TO SHOW CAUSE RE DISMISSAL OF DEFENDANT B.M. CASH by Magistrate Judge Rozella A. Oliver. Given that the service deadline has passed, IT IS ORDERED that Plaintiff must show cause in writing, on or before February 9, 2016 , why his claims against B.M. Cash should not be dismissed due to his failure to effect service upon B.M. Cash. Failure to comply with this Order and/or to show cause will result in the dismissal of Plaintiffs claims against B.M. Cash without prejudice. *See Order for details.* (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.:
Title:

EDCV 14-02314 JVS (RAO)
Shelley Graham Towns, Sr. v. B.M. Cash, et al.

Present:

Date:

January 19, 2016

The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE
N/A
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

N/A

N/A

Proceedings:

(In Chambers) ORDER TO SHOW CAUSE RE DISMISSAL OF
DEFENDANT B.M. CASH

On January 15, 2015, Shelley Graham Towns, Sr. (“Plaintiff”), a California prisoner
proceeding pro se, filed a first amended complaint alleging violations of 42 U.S.C. § 1983 by
eight named defendants in both their individual and official capacities. (ECF No. 9.)
On January 16, 2015, the Court ordered service of process by the United States Marshal
on the defendants. (ECF No. 13.) Pursuant to the Court’s January 16, 2015, Order Re Further
Proceedings, Plaintiff had until on or before May 15, 2015, to serve the defendants. (ECF No.
11.) Plaintiff was expressly warned that “his failure to effect service by that date may result
in the dismissal of the action by reason of [his] failure to prosecute.” (Id.) Seven of the eight
named defendants have been served. On July 13, 2015, however, the summonses for B.M. Cash,
in his individual and official capacities, were returned unexecuted. (ECF Nos. 56-57.)
Given that the service deadline has passed, IT IS ORDERED that Plaintiff must show
cause in writing, on or before February 9, 2016, why his claims against B.M. Cash should not
be dismissed due to his failure to effect service upon B.M. Cash. Failure to comply with this
Order and/or to show cause will result in the dismissal of Plaintiff’s claims against B.M.
Cash without prejudice.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (05/15)

CIVIL MINUTES – GENERAL

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