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

Filing 9

ORDER DISCHARGING 7 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 4/5/2017. (Hall, S)

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 DISCHARGING ORDER TO SHOW
) CAUSE (Doc. 7)
)
)
)
)
)
)

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) Because the plaintiff had not filed proofs of service of the summons

20

and complaint and no defendant has appeared in the action, the Court ordered the plaintiff to show

21

cause why the action should not be dismissed. (Doc. 5) In response, the plaintiff reported that he

22

“served” the defendant by serving the California Attorney General. (Doc. 6) He reported that the

23

Attorney General notified him of his error in late January 2017. Id. nevertheless, he continued to fail

24

to serve the complaint. Thus, once again, the Court ordered the plaintiff to show cause why the matter

25

should not be dismissed or to file proof of service. (Doc. 7) Finally, on April 4, 2017, the plaintiff

26

filed his proofs of service showing that service occurred on March 29, 2017. (Doc. 8) Thus, the Court

27

ORDERS:

28

1.

The order to show cause, issued on March 8, 2017 is DISCHARGED;
1

1

2.

2

dismissal.

3
4

The plaintiff SHALL diligently pursue prosecution of this action or it will be subject to

Failure to comply may result in the imposition of sanctions, including the dismissal of the
action.

5
6
7
8

IT IS SO ORDERED.
Dated:

April 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2