Crain v. City of Atwater et al

Filing 9

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Plaintiff's Failure to Prosecute. Plaintiff shall respond to this Order to Show Cause by filing a written explanation for his failure to appear by July 30, 2015. Plaintiff is forewarned that failure to respond to this order to show cause may result in the dismissal of this action. signed by Magistrate Judge Barbara A. McAuliffe on 7/23/2015. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY CRAIN,
Plaintiff,

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Case No. 1:15-cv-0591---BAM
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR PLAINTIFF’S FAILURE TO
PROSECUTE

v.
CITY OF ATWATER, ATWATER POLICE
DEPARTMENT, FRANK PIETRO, DAVID
WALKER and JOSE TORRES,

RESPONSE DUE July 30, 2015

Defendants.

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Plaintiff Danny Crain (“Plaintiff”) initiated this action on April 15, 2015. (Doc. 1). By

19 Court order, the Court set a Status Conference/Initial scheduling conference for July 23, 2015, at
20 9:30 a.m. (Doc. 2). Plaintiff failed to appear before the Court on July 23, 2015. Additionally, the
21 Court’s records indicate that no defendant has yet appeared in this case, and there has been no
22 docket activity by any party since the initial filing of the complaint. This strongly suggests that
23 Plaintiff has not yet served Defendants with process. Plaintiff is warned that the summons and
24 complaint must be served by August 15, 2015, the expiration of the 120-day period for service of
25 process. Fed. R. Civ. P. 4(m).
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Accordingly, Plaintiff is HEREBY ORDERED to SHOW CAUSE why he should not be

27 sanctioned for his failure to appear at the Court-ordered status conference. Plaintiff shall respond
28 to this Order to Show Cause by filing a written explanation for his failure to appear by July 30,

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1 2015. Plaintiff is forewarned that failure to respond to this order to show cause may result in the
2 dismissal of this action.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 23, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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