Huson v. County of San Bernardino et al

Filing 9

ORDER DISCHARGING 7 the Order to Show Cause and Granting Plaintiff an Extension of Thirty Days to Serve Defendants, signed by Magistrate Judge Jennifer L. Thurston on 10/31/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENNY HUSON,
Plaintiff,

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v.

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STATE OF CALIFORNIA, et al.,
Defendants.

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Case No.: 1:16-cv-01031 - LJO - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE AND GRANTING PLAINTIFF AN
EXTENSION OF THIRTY DAYS TO SERVE
DEFENDANTS
(Doc. 7)

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On October 12, 2016, the Court ordered Plaintiff to show cause why sanctions should not be

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imposed for failure to prosecute and failure to comply with the Court’s orders to diligently serve the

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summons and complaint and file proofs of service. (Doc. 7) In the alternative, the Court directed

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Plaintiff to file proofs of service for the defendants. (Id. at 2)
On October 25, 2016, Plaintiff’s counsel Russell Kiner filed a timely response, in which he

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informed the Court that he does not practice in the district court and “filed this…lawsuit on behalf of

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[his] client to preserve his statute of limitations.” (Doc. 8 at 1) Mr. Kiner reports he advised Plaintiff

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“to find an attorney whom has experience practicing in Federal Court,” but he has not heard from his

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client. (Doc. 8 at 1) Further, Mr. Kiner reports he “had delayed serving the defendants so that new

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counsel could proceed.” (Id.) However, Mr. Kiner asserts he will serve the defendants “immediately,”

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and requested thirty days to complete service on all the defendants. (Id. at 2)

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Based upon the information provided by Mr. Kiner, IT IS HEREBY ORDERED:

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1.

The order to show cause dated October 12, 2016 (Doc. 7) is DISCHARGED;

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The request for an extension of thirty days is GRANTED; and

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3.

Plaintiff SHALL file proofs of service no later than November 26, 2016.

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Plaintiff is advised that failure to comply with this order will result in a recommendation

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that the action be dismissed for failure to prosecute and failure to comply with the Court’s

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orders.

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IT IS SO ORDERED.
Dated:

October 31, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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