Freddie Francis v. United States of America et al

Filing 35

ORDER TO SHOW CAUSE by Magistrate Judge Charles F. Eick. Within 30 days of the date of this Order, Plaintiff shall show cause, if there be any, why the action should not be dismissed for failure to prosecute and failure to effect timely service. Plaintiff may attempt to show cause by filing a declaration signed under penalty of perjury. Failure timely to comply with this order may be deemed consent to the dismissal of this action. (sp)

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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FREDDIE FRANCIS, JR.

) NO. ED CV 17-283-SJO(E)
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Plaintiff,
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v.
) ORDER TO SHOW CAUSE
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UNITED STATES OF AMERICA,
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et al.,
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Defendants.
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______________________________)

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Plaintiff, a federal prisoner, filed this action on February 15,

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2017.

On March 3, 2017, the Court issued an “Order Dismissing

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Complaint with Leave to Amend.”

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First Amended Complaint.

On May 1, 2017, Plaintiff filed a

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On May 22, 2017, the Court issued an “Order Dismissing First

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Amended Complaint with Leave to Amend.”

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On June 22, 2017, Plaintiff

filed a Second Amended Complaint.

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On June 23, 2017, the Magistrate Judge issued an “Order Directing
Service of Process of Second Amended Complaint by the United States

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Marshal” authorizing service of the Summons and Second Amended

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Complaint on Defendants:

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(3) Dr. Wolverton, M.D.; and (4) Dr. Quinn, M.D., in their individual

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capacities.

(1) J. Esquetini, M.D.; (2) Dr. Snell, M.D.;

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Subsequently, four “Process Receipt and Return” (Form 285) forms

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were filed.

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to serve Defendants Snell and Quinn and bore the notation “no longer

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employed there.”

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Two forms indicated that the Marshals Service was unable

The forms concerning Defendants Wolverton and

Esquitini did not show proper service on those Defendants.

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On March 8, 2018, the Magistrate Judge issued an Order to Show

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Cause, ordering Plaintiff to show cause in writing why the action

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should not be dismissed for failure to prosecute and failure to effect

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timely service.

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[sic] to the Order to Show Cause, etc.,” inter alia indicating that

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Plaintiff had been released from prison, presently resided in

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Louisiana and wished to pursue this case.

On April 13, 2018, Plaintiff filed “Plaintiff Respond

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On April 18, 2018, the Magistrate Judge issued an “Order

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Extending Time for Service,” discharging the Order to Show Cause and

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extending the time to effect proper service of the Summons and Second

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Amended Complaint to sixty (60) days from the date of the Order.

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Magistrate Judge warned Plaintiff that failure to effect timely

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service (through the Marshals Service or otherwise) might result in

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dismissal of the action.

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///

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///
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The

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As of the date of this Order, no proofs of service showing proper

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service of the Summons and Second Amended Complaint on Defendants have

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been filed.

No Defendant has appeared in the action.

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Accordingly, within thirty (30) days of the date of this Order,

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Plaintiff shall show cause, if there be any, why the action should not

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be dismissed for failure to prosecute and failure to effect timely

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service.

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such cause by filing a declaration signed under penalty of perjury.

See Fed. R. Civ. P. 4(m).

Plaintiff must attempt to show

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Failure timely to comply with this Order may be deemed consent to the

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dismissal of this action.

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DATED:

July 2, 2018.

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/s/
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE

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