Delia Rodriguez v. Carolyn W Colvin

Filing 8

ORDER TO SHOW CAUSE by Magistrate Judge Robert N. Block: The Corut forewarned plaintiff that the failure to effectuate proper service within one hundred and twenty (120) days after the filing of the Complaint might result in the dismissal of this cas e. The 120-day period lapsed on April 15, 2015, and no proof of service has yet been filed. Thus, it appears that the Commissioner has not yet been properly served. IT THEREFORE IS ORDERED that, on or before May 15, 2015, plaintiff shall show good cause, if there by any, why proper service was not made within the 120-day period and why this case should not be dismissed without prejudice for want of prosecution. (lwag)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DELIA RODRIGUEZ,

) Case No. EDCV 14-2573-JLS (RNB)
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Plaintiff,
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vs.
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ORDER TO SHOW CAUSE
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CAROLYN W. COLVIN, Acting )
Commissioner of Social Security, )
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Defendant.
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Plaintiff filed this action pro se on December 16, 2014. In ¶ I of its December

18 18, 2014 Case Management Order, the Court ordered plaintiff to promptly serve the
19 summons and complaint on the Commissioner in the manner required by Rule 4(i) of
20 the Federal Rules of Civil Procedure and 20 C.F.R. § 423.1, and to then promptly file
21 a proof of service showing compliance with that paragraph. Further, the Court
22 forewarned plaintiff that the failure to effectuate proper service within one hundred
23 and twenty (120) days after the filing of the Complaint might result in the dismissal
24 of this case. See Fed. R. Civ. P. 4(m).
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The 120-day period lapsed on April 15, 2015, and no proof of service has yet
26 been filed. Thus, it appears that the Commissioner has not yet been properly served.
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IT THEREFORE IS ORDERED that, on or before May 15, 2015, plaintiff shall
28 show good cause, if there be any, why proper service was not made within the 1201

1 day period and why this case should not be dismissed without prejudice for want of
2 prosecution. Plaintiff shall attempt to show such cause by filing a declaration, signed
3 by plaintiff under penalty of perjury. If plaintiff does not timely file such a
4 declaration or if plaintiff fails to show good cause for her failure to timely serve,
5 the Court will recommend that the action be dismissed without prejudice for
6 plaintiff’s failure to prosecute. See Fed. R. Civ. P. 4(m); Local Rule 41-1; Link v.
7 Wabash R.R., 370 U.S. 626, 629-30, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962); see also
8 Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988).
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10 DATED: April 23, 2015
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ROBERT N. BLOCK
UNITED STATES MAGISTRATE JUDGE

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