De Markoff v. Superior Court of California, County of Tulare, et al.

Filing 8

ORDER Discharging 5 Order to Show Cause and Directing Clerk's Office to Reissue Civil New Case Documents, signed by Magistrate Judge Michael J. Seng on 10/30/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEXANDER J DE MARKOFF,

1:11-cv-02017-AWI-MJS

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Plaintiff,
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v.
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ORDER DISCHARGING ORDER TO
SHOW CAUSE AND DIRECTING CLERK’S
OFFICE TO REISSUE CIVIL NEW CASE
DOCUMENTS

SUPERIOR COURT OF CALIFORNIA,
COUNTY OF TULARE, et al.,
(ECF No. 5)
Defendants.
_____________________________/

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Plaintiff Alexander J. De Markoff, proceeding pro se, filed this civil rights action
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pursuant to 42 U.S.C. § 1983 on December 7, 2011. (ECF No. 1.)
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On July 6, 2012, the Court filed its order setting a mandatory scheduling conference
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for October 11, 2012 at 9:30 a.m. (ECF No. 3) and therein advised Plaintiff of the
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requirement that he diligently pursue service upon Defendants. The said order also
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directed Plaintiff to prepare and file a joint scheduling report prior to the October 11, 2012
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scheduling conference and to appear at that scheduling conference. Plaintiff was advised
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that failure to comply with these requirements could result in sanctions including dismissal
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of his action. (Id.)
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After Plaintiff failed to comply with or even respond to the Court’s order, the Court
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on October 11, 2012, ordered Plaintiff to show cause by October 25, 2012 as to why this
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action should not be dismissed. (ECF No. 5.) Plaintiff filed a response on October 22,
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2012, indicating that he had difficulties in obtaining the summons. (ECF No. 7.) The Court

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has considered the merits of Plaintiff’s response and, based on Plaintiff’s representations

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therein, will discharge the order to show cause.

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Accordingly, the Court hereby ORDERS the following:

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1.

The order to show cause, filed October 11, 2012, be DISCHARGED;

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2.

The Clerk’s Office is directed to reissue civil new case documents and
summonses; and

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3.

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The Clerk’s Office is directed to continue the initial Scheduling Conference,

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originally scheduled for October 11, 2012, to January 31, 2013 at 11:30 a.m.

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before Magistrate Judge Michael J. Seng, in Courtroom 6 at the United

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States Courthouse, 2500 Tulare Street, Fresno, CA 93721.

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IT IS SO ORDERED.
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Dated:
ci4d6

October 30, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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