Mack v. California Department of Corrections and Rehabilitation et al

Filing 12

ORDER to PLAINTIFF to SHOW CAUSE Why the Matter Should Not Be Dismissed; ORDERING CONTINUING SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 1/25/2016. Show Cause Response due by 2/15/2016. Status Conference re Consent/ Initial Scheduling Conference CONTINUED to 3/29/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME J. MACK,
Plaintiff,

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v.
CALIFORNIA DEPT. OF CORRECTIONS
AND REHABILITATION, et al.,

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Defendants.
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Case No.: 1:15-cv-01600 --- JLT
ORDER TO PLAINTIFF TO SHOW CAUSE WHY
THE MATTER SHOULD NOT BE DISMISSED
ORDER CONTINUING SCHEDULING
CONFERENCE

On October 20, 2015, Plaintiffs filed the instant action. (Doc. 1) The next day, the Court

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issued the summonses (Docs. 3-5) and its order setting the mandatory scheduling conference to occur

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on February 8, 2016. (Doc. 6) On November 3, 2016, Plaintiff filed his first amended complaint and

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the Court issued the summons on November 6, 2015. (Doc. 10) Despite the passage of three months

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from the filing of the complaint, Plaintiff has not filed proof that he has served process on any of the

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defendants and no defendant has appeared.

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Notably, in its order setting the mandatory scheduling conference, the Court advised:

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The Court is unable to conduct a scheduling conference until defendants have been
served with the summons and complaint. Accordingly, plaintiff(s) shall diligently
pursue service of summons and complaint and dismiss those defendants against whom
plaintiff(s) will not pursue claims. Plaintiff(s) shall promptly file proofs of service of
the summons and complaint so the Court has a record of service. Counsel are referred
to F.R.Civ.P., Rule 4 regarding the requirement of timely service of the complaint.
Failure to timely serve summons and complaint may result in the imposition of
sanctions, including the dismissal of unserved defendants.

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(Doc. 6 at 1-2, emphasis added) Therefore, the Court ORDERS,
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No later than February 15, 2016, Plaintiff SHALL show cause in writing why the

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matter should not be dismissed for his failure to comply with the Court’s order to diligently serve the

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summons and complaint;

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2.

The scheduling conference, currently set on February 8, 2016, is continued to March

29, 2016 at 9:30 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA.
Failure to comply with this order may result in the imposition of sanctions, including the
dismissal of the action.

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IT IS SO ORDERED.
Dated:

January 25, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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