Manisha L. Penesa v. California Institution for Women et al

Filing 70

MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL OF SHAWN BROWN by Magistrate Judge Rozella A. Oliver: IT IS ORDERED that Plaintiff must show cause in writing, on or before June 18, 2018, why Plaintiff's claims against Shawn Brown should not be dismissed due to her failure to prosecute. (see order for details) (hr)

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

EDCV 16-01878-DMG-RAO
Date: June 1, 2018
Manisha L. Penesa v. California Institution for Women, et al.

Present:

The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE
Donnamarie Luengo
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
SHAWN BROWN

On June 9, 2017, Plaintiff Manisha L. Penesa (“Plaintiff”), proceeding pro se and in
forma pauperis, filed a Fourth Amended Complaint pursuant to 42 U.S.C. § 1983, naming as
defendants Shawn Brown, Edward Wamil, David Lopez, Kimberly Hughes, Michael Martel, and
R. Reyes. Dkt. No. 31.
On June 23, 2017, the Court ordered service of process by the United States Marshal on
the defendants. Dkt. Nos. 33, 35. Plaintiff was granted until September 22, 2017 to serve the
defendants, and was warned that “her failure to effect service by that date may result in the
dismissal of the action 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.” Dkt.
No. 34 at 2. Defendants Reyes, Martel, Hughes, Wamil and Lopez executed waivers of service.
Dkt. Nos. 38-47. Shawn Brown could not be served because he was no longer employed by
CDCR and no forwarding information was available. Dkt. No. 37.
In light of the foregoing IT IS ORDERED that Plaintiff must show cause in writing, on or
before June 18, 2018, why Plaintiff’s claims against Shawn Brown should not be dismissed due
to her failure to prosecute. Failure to comply with this Order and/or to show cause will
result in the dismissal without prejudice of this action as to Shawn Brown.
IT IS SO ORDERED.

Initials of Preparer

CV-90 (05/15)

CIVIL MINUTES – GENERAL

:
dl

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