Fritz v. Potter

Filing 9

[DISCHARGED] ORDER TO SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 02/06/09 ORDERING that the plaintiff shall show cause in writing, within 10 days after this order is filed, why this case should not be dismissed for lack of prosecution. (Streeter, J) Modified on 2/25/2009 (Mena-Sanchez, L).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiff is proceeding pro se and in forma pauperis. By order filed and served 17 December 10, 2008, plaintiff was provided with materials and instructions for service of process 18 on the defendant. Plaintiff was ordered to submit all required materials to the United States 19 Marshal within thirty days after the order was served. Plaintiff was further ordered to file a 20 statement, within ten days after submitting the required materials to the Marshal, advising the 21 court of the date upon which he submitted the materials to the Marshal. 22 Plaintiff's time for submitting the required materials to the Marshal expired on 23 January 12, 2009, thirty days after the order was served by the Clerk plus the three additional 24 days that are granted when documents are served by mail. See Fed. R. Civ. P. 6(d). At the very 25 latest, plaintiff's time for filing a statement with the court expired on January 22, 2009, ten days 26 1 Defendant. / vs. JOHN E. POTTER, Postmaster General, United States Postal Service, ORDER TO SHOW CAUSE PETER FRITZ, Plaintiff, No. CIV S-08-2340 LKK DAD PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 after January 12, 2009. See Fed. R. Civ. P. 6(a)(2) & (3). As of February 5, 2009, plaintiff had not filed a statement indicating the date on which he submitted all required materials to the Marshal for service on defendant. IT IS HEREBY ORDERED that plaintiff shall show cause in writing, within ten days after this order is filed, why this case should not be dismissed for lack of prosecution. The written response must be accompanied by plaintiff's statement advising the court of the date on which he submitted all required materials to the United States Marshal. Plaintiff is cautioned that failure to comply with this order in a timely manner will result in a recommendation that the district judge assigned to this case dismiss the action without prejudice for lack of prosecution. DATED: February 6, 2009. DAD:kw Ddad1/orders.pro se/fritz2340.osc 2

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