Warner v. McMahon et al

Filing 33

ORDER to SHOW CAUSE signed by District Judge James L. Robart on 5/24/10, ORDERING pltf to SHOW CAUSE within 30 days why the court should not dismiss I. Larson from this action without prejudice. (Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 v. M. McMAHON, et al., Defendants. By order dated March 8, 2010 (Dkt. # 27), the court ordered Plaintiff Lance LANCE WARNER, Plaintiff, CASE NO. C08-1144JLR ORDER TO SHOW CAUSE RE: DEFENDANT I. LARSON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

16 Warner to complete and return to the court, within 60 days, the USM-285 forms 17 necessary to effect service on Defendants. This was the court's second order regarding 18 service. Defendants M. McMahon, B. Landingham, and M. Day have waived service and 19 answered the complaint. (See Dkt. ## 30-031.) By contrast, Defendant I. Larson has not 20 executed a waiver of service or been served, has not answered the complaint, and has not 21 otherwise appeared in this action. The 60-day period specified in the court's March 8, 22
ORDER- 1

1 2010 order has now expired and Plaintiff has not responded in any way to the court's 2 order. 3 Therefore, the court hereby ORDERS that Plaintiff show cause within 30 days

4 why the court should not dismiss I. Larson from this action without prejudice. See Fed. 5 R. Civ. P. 41(b). If Plaintiff does not respond to this order or otherwise fails to show 6 good cause, the court shall dismiss I. Larson from this action without prejudice. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
ORDER- 2

Dated this 24th day of May, 2010.

A

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JAMES L. ROBART United States District Judge