Knickerbocker v. United States Department of Interior, Death Valley National Park, National Park Service

Filing 5

ORDER to PLAINTIFF to SHOW CAUSE Why the Matter Should Not Be Dismissed for Failure to Prosecute this Action and to Comply with Court Orders, signed by Magistrate Judge Jennifer L. Thurston on 2/15/2017. Show Cause Response due by 3/10/2017. Initial Scheduling Conference CONTINUED to 4/24/2017 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISSAM ELIE KNICKERBOCKER, Plaintiff, 12 13 v. 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01811 DAD JLT ORDER TO PLAINTIFF TO SHOW CAUSE WHY THE MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTION THIS ACTION AND TO COMPLY WITH COURT ORDERS On December 1, 2016, Plaintiff filed the instant action. (Doc. 1) On December 5, 2016, the 18 Court issued the summonses (Doc. 3) and its order setting the mandatory scheduling conference to 19 occur on March 6, 2017. (Doc. 4) In its order setting the mandatory scheduling conference, the Court 20 advised counsel: 21 22 23 24 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. 25 26 (Doc. 3 at 1-2, emphasis added) Nevertheless, Plaintiff has not filed proofs of service of the summons 27 and complaint and no defendant has appeared in the action. Moreover, Fed. R. Civ. P. 4(m) requires 28 the plaintiff to serve all defendants within 90 days upon pain of dismissal sua sponte. Therefore, the 1 1 Court ORDERS, 2 1. No later than March 10, 2017, the plaintiff SHALL show cause in writing why this 3 matter should not be dismissed for his failure to prosecute this action, to comply with the Court’s 4 orders and to comply with Fed. R. Civ. P. 4(m); 5 6 3. 2017 at 8:30 a.m. the United States Courthouse at 510 19th Street, Bakersfield, CA. 7 8 The scheduling conference, currently set on March 6, 2017, is continued to April 24, Failure to comply may result in the imposition of sanctions, including the dismissal of the action. 9 10 11 12 IT IS SO ORDERED. Dated: February 15, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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