McMaster v. Yates, et al

Filing 41

****DISCHARGED PER ORDER 44 , DATED 01/07/2010****ORDER to SHOW CAUSE signed by District Judge Frank R. Zapata on 11/25/2009. Plaintiff's Show Cause Response due by 12/18/2009. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A review of the record reflects that waivers of service have attempted to be served on a ll six Defendants at issue in this case. Three of the waivers of service have been returned e x e cu te d (Defendants Salazar, Nicholes, and Sedwick). Three of the waivers of service d o c u m e n ts have been returned unexecuted as to the other three Defendants ("Doctor T h o m a s" , "Mr. Combs", "Dr. Ortiz"). As to "Doctor Thomas", the remarks section of the M a rs h a ls ' process receipt and return states: "per facility, no record of defendant"; "per CDC lo c a to r, several `Thomas' in database." As to "Mr. Combs", the remarks section of the M a rs h a ls ' process receipt and return states: "per facility, never employed." As to "Doctor O rtiz" , the remarks section of the Marshals' process receipt and return states: "Doctor Ortiz n o longer worked at Pleasant Valley SP." I T IS ORDERED that Plaintiff show cause, on or before December 18, 2009, by filin g a "Response to Order to Show Cause" setting forth why named Defendants "Doctor T h o m a s" , "Mr. Combs", and "Dr. Ortiz", who have not appeared in this action, should not b e dismissed from this case for failure to effect service pursuant to FED.R.CIV.P. 4. DATED this 25 th day of November, 2009. vs. D o c to r Thomas, et al., Defendants. I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA Dana McMaster, Plaintiff, ) ) ) ) ) ) ) ) ) ) N o . CV 1-04-6453-FRZ O R D E R TO SHOW CAUSE