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)

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