Jacobsen v. Maldinado

Filing 13

ORDER directing Plaintiff to submit service documents or show cause why Defendant, Maldinado should not be dismissed for failure to prosecute re 8 signed by Magistrate Judge Barbara A. McAuliffe on 8/11/2017. Show Cause Response / Case Management Deadline set for 9/14/2017. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JACOBSEN, 12 Plaintiff, 13 v. 14 MALDINADO, 15 Case No. 1:17-cv-00101-BAM (PC) ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS OR SHOW CAUSE WHY DEFENDANT MALDINADO SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Defendant. (ECF No. 8) 16 THIRTY (30) DAY DEADLINE 17 Plaintiff Michael Jacobsen (“Plaintiff”) is a former pretrial detainee proceeding pro se and 18 19 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 8, 2017, the 20 Court issued an order authorizing service of Plaintiff’s complaint on Defendant Maldinado, and 21 requiring Plaintiff to fill out and return the USM-285 form and summons within thirty days.1 22 (ECF No. 8.) The Court expressly warned Plaintiff that failure to comply with the Court’s order 23 would result in dismissal of this action. (Id. at 5.) Plaintiff’s USM-285 form and summons for 24 Defendant Maldinado were due on or before July 11, 2017. On July 10, 2017, Plaintiff filed a notice of change of address and a request for status of 25 26 case. (ECF No. 9.) The Court issued an order granting the request, reminding Plaintiff of his 27 1 28 The Court further ordered Plaintiff to provide the Court with written notice identifying Doe Defendants with enough information to locate defendants for service of process. This information is due on or before September 11, 2017. (ECF No. 8.) 1 1 pending deadlines in this action. (ECF No. 10.) This order was sent to Plaintiff’s updated 2 address, but was returned as undeliverable, return to sender, unable to forward. On July 24, 2017, 3 pursuant to a change of address filed by Plaintiff in Jacobsen v. People of the State of California, 4 Case No. 1:14-cv-00108-JLT, the Court issued an order directing the Clerk of the Court to re- 5 serve the order granting Plaintiff’s request for status of case to his new address. (ECF No. 12.) 6 7 8 9 As of the date of this order, Plaintiff has not submitted the USM-285 form, summons, or copies of the complaint. Plaintiff has not complied with the Court’s order. Accordingly, IT IS HEREBY ORDERED as follows: 1. Within thirty (30) days from the date of service of this order, Plaintiff shall submit a 10 completed summons and completed USM-285 form for Defendant Maldinado, and two 11 copies of the complaint filed January 23, 2017, or shall show cause in writing why 12 Defendant Maldinado should not be dismissed from this action for failure to prosecute; 13 and 14 15 2. Plaintiff’s failure to comply with this order will result in dismissal of Defendant Maldinado from this action. 16 17 18 IT IS SO ORDERED. Dated: /s/ Barbara August 11, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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