(PC) Harrison v. Hernandez et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MELVIN DEMONTE HARRISON,
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
HERNANDEZ, et al.,
(ECF No. 10)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff Melvin Demonte Harrison (“Plaintiff”) is a former county jail inmate proceeding
pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action
proceeds against Defendant Hernandez for excessive force and sexual assault in violation of the
Due Process Clause of the Fourteenth Amendment. (ECF No. 9.)
On October 3, 2022, the Court issued an order authorizing service of Plaintiff’s complaint
and forwarding service documents to Plaintiff for completion and return within thirty days. (ECF
No. 10.) The Court expressly warned Plaintiff that failure to comply with the Court’s order
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
copies of the complaint. Plaintiff has not complied with the Court’s order.
Accordingly, IT IS HEREBY ORDERED as follows:
1. Within twenty-one (21) days from the date of service of this order, Plaintiff shall submit
completed service documents for Defendant Hernandez, as discussed in the Court’s
October 3, 2022 order, or shall show cause in writing why this action should not be
dismissed for failure to prosecute; and
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.
IT IS SO ORDERED.
November 16, 2022
UNITED STATES MAGISTRATE JUDGE
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