Anderson v. County of Madera et al

Filing 12

ORDER to SHOW CAUSE WHY THIS CASE SHOULD NOT BE RECOMMENDED FOR DISMISSAL. By no later than November 6, 2017, Plaintiff shall file his proofs of service or a statement showing cause why the Court should not recommend to the presiding district court j udge that this action be dismissed. The Court further CAUTIONS Plaintiff that, if he fails to file the proofs of service or statement by November 6, 2017, the Court will recommend to the presiding district court judge that this action be dismissed, in its entirety. In order to permit time for Plaintiff to comply with this Order, the scheduling conference currently set for October 31, 2017, is VACATED and RESET for December 19, 2017, at 11:00 a.m. Order signed by Magistrate Judge Sheila K. Oberto on 10/16/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DAVID ANDERSON,

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Plaintiff,
v.

Case No. 1:16-cv-01629-DAD-SKO
ORDER TO SHOW CAUSE WHY
THIS CASE SHOULD NOT BE
RECOMMENDED FOR DISMISSAL

COUNTY OF MADERA, ET AL.,
Defendants.
_____________________________________/

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On July 24, 2017, Plaintiff, proceeding pro se, filed a request that the Court effectuate

20 service upon Defendants. (Doc. 10.) By its order entered on August 2, 2017, the Court advised
21 Plaintiff that he, not the Court, “is responsible for having the summons and complaint served
22 within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who
23 makes service,” Fed. R. Civ. P. 4(c)(1), and ordered him to file proof of service of the amended
24 complaint on Defendants by September 19, 2017. (Doc. 11.) Plaintiff failed to file proofs of
25 service on Defendants by September 19, 2017. (See Docket.)
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Accordingly, the Court ORDERS that, by no later than November 6, 2017, Plaintiff

27 shall file his proofs of service or a statement showing cause why the Court should not
28 recommend to the presiding district court judge that this action be dismissed. The Court

1 further CAUTIONS Plaintiff that, if he fails to file the proofs of service or statement by November
2 6, 2017, the Court will recommend to the presiding district court judge that this action be
3 dismissed, in its entirety.
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In order to permit time for Plaintiff to comply with this Order, the scheduling conference

5 currently set for October 31, 2017, is VACATED and RESET for December 19, 2017, at 11:00
6 a.m.
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The Court DIRECTS the Clerk to send a copy of this order to Plaintiff at his address listed

8 on the docket for this matter.
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IT IS SO ORDERED.

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October 16, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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