(PC) Harrison v. Hernandez et al

Filing 11

ORDER DIRECTING Plaintiff to Submit Completed Service Documents or Show Cause Why this Action Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 11/16/2022. Completed service documents or show cause response due within twenty-one (21) days. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MELVIN DEMONTE HARRISON,

12

Plaintiff,

13
14

Case No. 1:22-cv-01143-BAM (PC)
ORDER DIRECTING PLAINTIFF TO
SUBMIT COMPLETED SERVICE
DOCUMENTS OR SHOW CAUSE WHY
THIS ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

v.
HERNANDEZ, et al.,

15

Defendants.
(ECF No. 10)

16

TWENTY-ONE (21) DAY DEADLINE

17
18

Plaintiff Melvin Demonte Harrison (“Plaintiff”) is a former county jail inmate proceeding

19

pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action

20

proceeds against Defendant Hernandez for excessive force and sexual assault in violation of the

21

Due Process Clause of the Fourteenth Amendment. (ECF No. 9.)

22

On October 3, 2022, the Court issued an order authorizing service of Plaintiff’s complaint

23

and forwarding service documents to Plaintiff for completion and return within thirty days. (ECF

24

No. 10.) The Court expressly warned Plaintiff that failure to comply with the Court’s order

25

would result in dismissal of this action. (Id. at 2.)
As of the date of this order, Plaintiff has not submitted the USM-285 form, summons, or

26
27

copies of the complaint. Plaintiff has not complied with the Court’s order.

28

///
1

1
2

Accordingly, IT IS HEREBY ORDERED as follows:
1. Within twenty-one (21) days from the date of service of this order, Plaintiff shall submit

3

completed service documents for Defendant Hernandez, as discussed in the Court’s

4

October 3, 2022 order, or shall show cause in writing why this action should not be

5

dismissed for failure to prosecute; and

6
7

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.

8
9
10
11

IT IS SO ORDERED.
Dated:

/s/ Barbara

November 16, 2022

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2