Petersen v. Sims

Filing 26

Order DISCHARGING Order to Show Cause, signed by Magistrate Judge Erica P. Grosjean on 9/8/2021.(Rosales, O.)

Case 1:20-cv-00884-DAD-EPG Document 26 Filed 09/08/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE PETERSEN,

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Plaintiff,

Case No. 1:20-cv-00884-DAD-EPG (PS)
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(ECF NO. 24)

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ANTHONY SIMS, JR.,

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Defendants.

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Plaintiff Kyle Petersen is a federal inmate proceeding pro se and in forma pauperis in

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this civil rights action filed pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403

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U.S. 388 (1971). In the July 7, 2021 screening order, the Court concluded that Plaintiff stated a

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cognizable Fourth Amendment claim against Defendant Anthony Sims, Jr. (ECF No. 23).

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Accordingly, the Court ordered the Clerk to send, and for Plaintiff to return within 30 days of

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service of the order, certain completed documents necessary to achieve service. (Id. at 6). The

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Court warned Plaintiff that “[f]ailure to comply with this order may result in the dismissal of

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this action.” (Id. at 7).

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After more than 30 days passed with Plaintiff failing to submit the required documents
or otherwise respond to the Court’s order, the Court issued a show cause order on August 17,
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Case 1:20-cv-00884-DAD-EPG Document 26 Filed 09/08/21 Page 2 of 2

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2021, requiring Plaintiff to indicate in writing whether he intended to pursue this action and

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explaining his failure to submit service documents by the required date, or, alternatively,

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requiring Plaintiff to submit the required documents. (ECF No. 24). Plaintiff has since

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submitted the required service documents. (ECF No. 25).

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Accordingly, IT IS ORDERED that:

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1.

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The Court’s order to show cause entered on August 17, 2021, (ECF No. 24), is

DISCHARGED; and
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The Court will issue a separate order regarding service in this case by the United

States Marshals Service.

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IT IS SO ORDERED.
Dated:

September 8, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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