Bryan E Kaye v. John Hollenbeck et al

Filing 5

Order to Show Cause Why Case Should Not Be Dismissed for Failure to Effect Service by Magistrate Judge Sheri Pym. Response to Order to Show Cause due by 8/2/2013. Accordingly, plaintiff is ORDERED to show cause in writing by August 2, 2013why this c ase should not be dismissed without prejudice for plaintiffs failure to prosecute and serve defendants within the required time period, as directed in the Initial Civil Right Order. Plaintiff may discharge this Order to Show Cause by filing, not later than August 2, 2013, proof of service of the summons and complaint. See order for complete text. (jh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

SA CV 13-353-GHK (SP)

Title

BRYAN E. KAYE v. JOHN HOLLENBECK, et al.

Present: The Honorable

Date

July 17, 2013

Sheri Pym, United States Magistrate Judge

Kimberly Carter

n/a

n/a

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

n/a

n/a

Proceedings:

(In Chambers) Order to Show Cause Why Case Should Not Be Dismissed
for Failure to Effect Service

On February 28, 2013, plaintiff filed a civil rights complaint pursuant to 42 U.S.C.
§ 1983 against defendants John Hollenbeck, Martin Covalt, Diane Hollenbeck, Sandra
Hutchens, and Does. On March 1, 2013, the court issued its Initial Civil Rights Order
and Notice of Time Limit for Serving Complaint in this matter. The Order advised
plaintiff that the summons and complaint must be served on defendants in accordance
with Federal Rule of Civil Procedure 4(m) by June 28, 2013, and specifically ordered
that a proof of such service must be filed with the court not later than July 5, 2013. The
court warned plaintiff that failure to comply with this requirement may result in the
dismissal of this case.
To date, the court has not received a proof of service. Nor has plaintiff requested
or obtained an order from the court granting an extension of time to do so. It appears
now that plaintiff has violated the court’s order and is not properly prosecuting this action.
Accordingly, plaintiff is ORDERED to show cause in writing by August 2, 2013
why this case should not be dismissed without prejudice for plaintiff’s failure to
prosecute and serve defendants within the required time period, as directed in the Initial
Civil Right Order. Plaintiff may discharge this Order to Show Cause by filing, not later
than August 2, 2013, proof of service of the summons and complaint.
The court warns plaintiff that failure to respond to the Order to Show Cause
by August 2, 2013, or further failure to prosecute this action in accordance with the
Initial Civil Rights Order and other court orders, may result in dismissal of this
action for failure to prosecute.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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