Pellegrino v. Meredith, et al.

Filing 7

ORDER to SHOW CAUSE Why Sanctions Should Not Issue Against Plaintiff's, signed by Magistrate Judge Stanley A. Boone on 4/15/2015. (Show Cause Response due by 5/15/2015.)(Kusamura, W)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY JOHN PELLEGRINO, Plaintiff, 12 13 14 Case No. 1:15-cv-00218-LJO-SAB ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE AGAINST PLAINTIFF v. LYNN R. MEREDITH, RESPONSE DUE MAY 15, 2015 Defendant. 15 16 17 On April 13, 2015, Plaintiff Anthony John Pellegrino (“Plaintiff”) filed what purports to 18 be proofs of service. (ECF Nos. 5, 6.) These proofs of service make representations that 19 Defendant Lynn R. Meredith and County of Stanislaus were served by a Natalia M. Bower with 20 summonses in this action on April 7, 2015. 21 However, the Court’s records indicate that the Court has not issued any summonses in 22 this action. Accordingly, any suggestion that Defendants have been served with a valid 23 summons appears to be a fraudulent misrepresentation to the Court, as well as Defendants. 24 The Court will order Plaintiff to show cause why he should not be sanctioned by this 25 court for his apparent misrepresentations. Plaintiff shall file a written response to this order to 26 show cause on or before May 15, 2015. Plaintiff’s written response shall explain the factual 27 basis of his claim that Defendants have been served with valid summonses and state why 28 sanctions, including dismissal/terminating sanctions if warranted, should not be issued for 1 1 Plaintiff’s conduct. 2 Based upon the foregoing, it is HEREBY ORDERED that: 3 1. Plaintiff shall SHOW CAUSE why sanctions should not be issued by this Court 4 against Plaintiff for fraudulent misrepresentations made in the proofs of service 5 filed on April 13, 2015 (ECF Nos. 5, 6); and 2. 6 Plaintiff’s written response to this order to show cause shall be filed on or before 7 May 15, 2015. Plaintiff is forewarned that failure to comply with this order may 8 result in further sanctions, up to and including dismissal of this action. 9 10 IT IS SO ORDERED. 11 Dated: April 15, 2015 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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