Lewis v. City of Fresno et al

Filing 17

ORDER DISCHARGING 13 Order to Show Cause, signed by Magistrate Judge Sheila K. Oberto on 9/17/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEWIS,

CASE NO. 1:11-cv-01415-LJO-SKO

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Plaintiff,

ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.

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CITY OF FRESNO, et al.,
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Defendants.
/

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Plaintiff proceeds in forma pauperis and in pro se in this action pursuant to 42 U.S.C. § 1983

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against Defendant Police Officer Catton for events surrounding his arrest. One of Plaintiff's claims

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was found to be cognizable, and on April 9, 2012, the Court provided Plaintiff with appropriate

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service documents and ordered that, within 30 days, Plaintiff complete the forms and return them

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to the Court. Plaintiff failed to complete the service documents as ordered.

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On August 24, 2012, the Court ordered Plaintiff to show cause why his case should not be

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recommended for dismissal for failing to comply with the Court's April 9, 2012, order or to file the

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service documents as ordered. (Doc. 13.) On September 7, 2012, Plaintiff submitted the necessary

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service documents. (Doc. 14.) On September 10, 2012, Plaintiff also filed a declaration stating that

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he had been seeking counsel to represent him and did not understand that the service documents

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needed to be completed and returned to the Court. (Doc. 15, ¶¶ 3-4.)

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As Plaintiff has filed the service documents and has provided an explanation why he failed

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to comply with the April 9, 2012, order, IT IS HEREBY ORDERED that the Court's August 24,

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2012, Order to Show Cause is DISCHARGED.

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IT IS SO ORDERED.

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Dated:
ie14hj

September 17, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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