Funtanilla v. Kelly, et al

Filing 233

ORDER to SHOW CAUSE signed by Chief Circuit Judge Alex Kozinski on 6/25/14. Plaintiff shall show cause why this case should not be dismissed for lack of prosecution. Show Cause Response due by 7/9/2014. (Manzer, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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GREGORIO C. FUNTANILLA, JR., *
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Plaintiff,
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v.
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KAREN KELLY, et al.,
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Defendants.
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No. 2:02-cv-01157-AK

ORDER

On August 21, 2013, the court issued an order to show cause why
Funtanilla’s complaint should not be dismissed as to defendant Linda Melching
pursuant to Fed. R. Civ. P. 4(m). Funtanilla did not respond to this court’s order
and no proof of service on Melching has been docketed. The complaint is hereby
dismissed as to Melching without prejudice.
Funtanilla has not submitted a document to the court or communicated with
the court in any way since April 02, 2010. Additionally Funtanilla has ignored this
court’s order to show cause for over ten months. Funtanilla is therefore ordered to
show cause why this case should not be dismissed for lack of prosecution. See

page 2
Fed. R. Civ. P. 41(b); see also Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.
1986). If no response is filed by July 09, 2014, the clerk shall enter an order
dismissing the complaint as to all defendants with prejudice.

June 25, 2014

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ALEX KOZINSKI
Chief Circuit Judge
Sitting by designation