Johnson v. Wachovia Bank FSB et al

Filing 44

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 3/23/2012. The Status Conference set for 4/4/2012 is VACATED. No later than 4/6/2012, plaintiff shall SHOW CAUSE, in writing, why this action should not be dismissed for failure to comply with Court's Orders and for failure to timely serve process. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMONT JOHNSON,

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Plaintiff,

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No. CIV S-10-2839 GEB CKD PS

vs.
WACHOVIA BANK FSB, et al.,

ORDER TO SHOW CAUSE

Defendants.

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/
Plaintiff is proceeding in this action pro se. A status conference is scheduled for

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April 4, 2012 before the undersigned. In the order setting status conference, plaintiff was

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directed to file a status report no later than fourteen days prior to the status conference. That time

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has now passed and plaintiff has not filed a status report.

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Also in the order setting status conference, plaintiff was cautioned that this action

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may be dismissed if service of process was not accomplished within 120 days from the date the

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complaint was filed. This action was filed May 11, 2010. Although plaintiff was at one time

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represented by counsel in this action, plaintiff, proceeding pro se, was advised in the November

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2, 2011 order setting status conference of the requirement of timely service of process. There is

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no evidence in the court file that defendants have been timely served or that plaintiff has made

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any attempt to serve defendants.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The status conference set for April 4, 2012 is vacated; and

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2. No later than April 6, 2012, plaintiff shall show cause in writing why this

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action should not be dismissed for failure to comply with the court’s orders and for failure to

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timely serve process.

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Dated: March 23, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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johnson-wachovia.osc

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