Curtis Anderson v. United States of America et al

Filing 14

ORDER to SHOW CAUSE Why Action Should Not be Dismissed for Failure to Comply With a Court Order and Failure to Prosecute, signed by Magistrate Judge Stanley A. Boone on 8/29/17. Show Cause Response Due Within Thirty Days. (Marrujo, C)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 CURTIS ANDERSON, Case No. 1:16-cv-00352-SAB (PC) 13 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH A COURT ORDER AND FAILURE TO PROSECUTE 14 v. 15 UNITED STATES OF AMERICA,et al., (ECF No. 12) 16 Defendants. THIRTY DAY DEADLINE 17 18 19 Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis 20 pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), and the Federal Tort 21 Claims Act (FTCA), 28 U.S.C. § 2671. Plaintiff has consented to magistrate judge jurisdiction 22 pursuant to 28 U.S.C. § 636(c). (ECF No. 5.) 23 On July 20, 2017, the Court issued an order directing the Clerk of the Court to send the 24 forms necessary to initiate service of process on the United States of America, Dr. Hellner, Dr. 25 Franco, P.A. Hong, P.A. Egan, and Mercy Medical Center to Plaintiff. (ECF No. 12.) Plaintiff 26 was ordered to complete and submit the required documents to the Court within thirty (30) days 27 of service of that order. (Id. at 3.) Plaintiff was also warned that the failure to comply with the 28 requirements therein would result in dismissal of this action. (Id.) More than thirty days have 1 1 passed since that order was served, and Plaintiff has not complied with it, or otherwise been in 2 contact with the Court. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. Within thirty (30) days, Plaintiff shall either: 5 a. show cause in writing as to why this action should not be dismissed, or 6 b. shall submit the documents necessary to initiate service of process on the 7 United States of America, Dr. Hellner, Dr. Franco, P.A. Hong, P.A. Egan, and Mercy Medical 8 Center as set forth in this Court’s July 20, 2017 order; and 2. 9 Failure to comply with this order will result in a dismissal of this action for 10 the failure to comply with a court order and failure to prosecute. 11 12 IT IS SO ORDERED. 13 Dated: August 29, 2017 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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