Gollubier v. Ybarra, et al.

Filing 12

ORDER to SHOW CAUSE Why Action Should not be Dismissed for Failure to Comply With a Court Order, signed by Magistrate Judge Stanley A. Boone on 06/09/14. Fifteen-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERECK GOLLUBIER,

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Plaintiff,
v.
GILBERT YBARRA, et al.,
Defendants.

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Case No.: 1:13-cv-01090-SAB (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO COMPLY WITH A COURT ORDER
[ECF No. 11]

Plaintiff Dereck Gollubier is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On March 7, 2014, the Court screened Plaintiff’s complaint and found that he stated a

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cognizable excessive force and assault and battery claims against Defendants Gilbert Ybarra and K.

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Oliver. The Court granted Plaintiff the option of filing an amended complaint or proceeding on the

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claim found to be cognizable. On April 7, 2014, Plaintiff notified the Court of his intent to proceed

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only on the claims found to be cognizable.

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On April 14, 2014, the Court ordered Plaintiff to complete and submit a Notice of Submission

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of Documents, provide one completed Summons for each defendant, one USM-285 form for each

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defendant, and two copies of the complaint within thirty days of the date of service. (ECF No. 11.)

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The thirty day time frame has expired, and Plaintiff has failed to file these documents and without

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them the United States Marshal cannot serve the defendants in this action.
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Accordingly, within fifteen (15) days from the date of service of this order Plaintiff is ordered
to show cause why the action should not be dismissed for failure to comply with a court order.

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IT IS SO ORDERED.
Dated:

June 9, 2014
UNITED STATES MAGISTRATE JUDGE

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