LeCompte v. Dhah et al

Filing 18

ORDER to SHOW CAUSE Why Defendants' Motion to Dismiss Should Not be Denied Without Prejudice for Failure to Serve, signed by Magistrate Judge Dennis L. Beck on 6/10/2013. Fifteen-Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY K. LECOMPTE,

1:11cv02105 DLB PC

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Plaintiff,
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v.
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ORDER TO SHOW CAUSE WHY
DEFENDANTS’ MOTION TO DISMISS
SHOULD NOT BE DENIED WITHOUT
PREJUDICE FOR FAILURE TO SERVE

DHAH, et al.,
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FIFTEEN-DAY DEADLINE
Defendants.

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Plaintiff Timothy K. LeCompte (“Plaintiff”) is proceeding pro se and in forma pauperis in
this civil rights action filed on December 21, 2011.

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On April 29, 2013, Defendants filed a Motion to Dismiss. According to the proof of service,
the Motion to Dismiss was served on Plaintiff at Corcoran State Prison.1

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On May 1, 2013, Plaintiff filed a Notice of Change of Address. The notice, signed on April
25, 2013, indicates that he is now housed at Kern Valley State Prison.

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To date, Plaintiff has not filed an opposition. There is no evidence on the docket, however,
that Plaintiff has been served with the motion at his current address.

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Accordingly, Defendants are ORDERED TO SHOW CAUSE, if any they have, why the
Motion to Dismiss should not be denied without prejudice for failure to serve. Defendants are
ORDERED to file a response to this order to show cause within fifteen (15) days. Defendants may
comply with this order by filing a proof of service showing proper service.

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Defendants have not indicated whether they consent to the jurisdiction of the United States Magistrate Judge. Plaintiff
consented to Magistrate Judge jurisdiction on January 3, 2012.

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Failure to comply with this order will result in the denial of the pending Motion to Dismiss,
without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 10, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

9b0hied

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