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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACOBSEN,

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Plaintiff,

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v.

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MALDINADO,

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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)

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THIRTY (30) DAY DEADLINE

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Plaintiff Michael Jacobsen (“Plaintiff”) is a former pretrial detainee proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 8, 2017, the

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Court issued an order authorizing service of Plaintiff’s complaint on Defendant Maldinado, and

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requiring Plaintiff to fill out and return the USM-285 form and summons within thirty days.1

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(ECF No. 8.) The Court expressly warned Plaintiff that failure to comply with the Court’s order

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would result in dismissal of this action. (Id. at 5.) Plaintiff’s USM-285 form and summons for

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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

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case. (ECF No. 9.) The Court issued an order granting the request, reminding Plaintiff of his

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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.)

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pending deadlines in this action. (ECF No. 10.) This order was sent to Plaintiff’s updated

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address, but was returned as undeliverable, return to sender, unable to forward. On July 24, 2017,

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pursuant to a change of address filed by Plaintiff in Jacobsen v. People of the State of California,

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Case No. 1:14-cv-00108-JLT, the Court issued an order directing the Clerk of the Court to re-

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serve the order granting Plaintiff’s request for status of case to his new address. (ECF No. 12.)

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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

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completed summons and completed USM-285 form for Defendant Maldinado, and two

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copies of the complaint filed January 23, 2017, or shall show cause in writing why

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Defendant Maldinado should not be dismissed from this action for failure to prosecute;

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and

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2. Plaintiff’s failure to comply with this order will result in dismissal of Defendant
Maldinado from this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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