(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)

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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

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