Knickerbocker v. United States Department of Interior, Death Valley National Park, National Park Service
Filing
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ORDER DISCHARGING 7 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 4/5/2017. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ISSAM ELIE KNICKERBOCKER,
Plaintiff,
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v.
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UNITED STATES OF AMERICA, et al.,
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Defendants.
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) Case No.: 1:16-cv-01811 DAD JLT
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) ORDER DISCHARGING ORDER TO SHOW
) CAUSE (Doc. 7)
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On December 1, 2016, Plaintiff filed the instant action. (Doc. 1) On December 5, 2016, the
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Court issued the summonses (Doc. 3) and its order setting the mandatory scheduling conference to
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occur on March 6, 2017. (Doc. 4) Because the plaintiff had not filed proofs of service of the summons
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and complaint and no defendant has appeared in the action, the Court ordered the plaintiff to show
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cause why the action should not be dismissed. (Doc. 5) In response, the plaintiff reported that he
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“served” the defendant by serving the California Attorney General. (Doc. 6) He reported that the
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Attorney General notified him of his error in late January 2017. Id. nevertheless, he continued to fail
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to serve the complaint. Thus, once again, the Court ordered the plaintiff to show cause why the matter
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should not be dismissed or to file proof of service. (Doc. 7) Finally, on April 4, 2017, the plaintiff
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filed his proofs of service showing that service occurred on March 29, 2017. (Doc. 8) Thus, the Court
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ORDERS:
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1.
The order to show cause, issued on March 8, 2017 is DISCHARGED;
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dismissal.
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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.
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IT IS SO ORDERED.
Dated:
April 5, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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