Stephen Desmund Peterson v. USA et al

Filing 48

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Rozella A. Oliver. IT IS ORDERED that Plaintiff must show cause in writing, on or before December 10, 2015, why Plaintiff's claims against Jimmy Elevazo and Ann Pierce should not be dismissed due to his failure to prosecute. Failure to comply with this Order and/or to show cause will result in the dismissal of this action 14 16 17 (SEE ORDER FOR FURTHER DETAILS). (gr)

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

CV 15-00143-AB-RAO
Date: November 19, 2015
Stephen Desmund Peterson v. United States of America, et al.

Present:

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

On March 20, 2015, Stephen Desmund Peterson (“Plaintiff”), proceeding pro se and in
forma pauperis, filed a first amended complaint pursuant to Bivens v. Six Unknown Named
Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971),
naming as defendants Jesus Fernandez, M.D., Jimmy Elevazo, and Ann Pierce. (ECF No. 14.)
On April 21, 2015, the Court ordered service of process by the United States Marshal on
the defendants. (ECF No. 16.) Plaintiff was granted until on or before August 19, 2015 to serve
the defendants, and was warned that “his failure to effect service by that date may result in
the dismissal of the action without prejudice as to any unserved defendant(s) by reason of
plaintiff’s failure to prosecute, unless plaintiff can show good cause for extending the time
for service.” (Order Regarding Time Limit For Serving Complaint at 2, ECF No. 17.) To date,
only Dr. Fernandez has been served.
In light of the foregoing IT IS ORDERED that Plaintiff must show cause in writing, on or
before December 10, 2015, why Plaintiff’s claims against Jimmy Elevazo and Ann Pierce
should not be dismissed due to his failure to prosecute. Failure to comply with this Order
and/or to show cause will result in the dismissal of this action.
IT IS SO ORDERED.
Attachment

Initials of Preparer

CV-90 (05/15)

CIVIL MINUTES – GENERAL

:
gr

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