Madden v. Hicks et al

Filing 16

Order Directing Plaintiff to Submit Completed Service Documents or SHOW CAUSE Why Action Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 3/7/19. 21-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN P. MADDEN,

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Plaintiff,
v.
HICKS, et al.,

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ORDER DIRECTING PLAINTIFF TO
SUBMIT COMPLETED SERVICE
DOCUMENTS OR SHOW CAUSE WHY
THIS ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

Defendants.
(ECF No. 15)

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TWENTY-ONE (21) DAY DEADLINE

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Case No. 1:18-cv-00255-DAD-BAM (PC)

Plaintiff Ryan P. Madden (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s complaint, filed February 22, 2018, against Defendant Hicks for excessive force and

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assault and battery claims, and against Defendant Silva and Hicks for California Bane Act and

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retaliation claims.

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On January 22, 2019, the Court issued an order authorizing service of Plaintiff’s

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complaint and forwarding service documents to Plaintiff for completion and return within thirty

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days. (ECF No. 15.) The Court expressly warned Plaintiff that failure to comply with the Court’s

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order would result in dismissal of this action. (Id. at 9.)

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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.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Within twenty-one (21) days from the date of service of this order, Plaintiff shall submit

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completed service documents for Defendants Hicks and Silva, as discussed in the Court’s

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January 22, 2019 order, or shall show cause in writing why this action should not be

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dismissed for failure to prosecute; and

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2. Plaintiff’s failure to comply with this order will result in dismissal of this action for
failure to obey court orders and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 7, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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