Mills v. Virga et al

Filing 16

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/3/12 ORDERING that within 14 days, plaintiff shall show cause why this case should not be dismissed for failure to prosecute. (Dillon, 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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JOSHUA DANIEL MILLS,

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Plaintiff,

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No. 2:12-cv-0166 KJM GGH P

vs.
TIM VIRGA, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding with retained counsel. He seeks relief

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pursuant to 42 U.S.C. § 1983 and has paid the filing fee. This proceeding was referred to this

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court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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On June 14, 2012, plaintiff was provided two summonses and ordered to complete

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service of process within 60 days. That time period has now expired and service has not been

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effectuated nor has plaintiff otherwise communicated with the court.

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Within 14 days, plaintiff shall show cause why this case should not be dismissed

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for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).1

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The 120 day time limit to serve defendant pursuant to Fed. R. Civ. P. 4(m) is also
quickly approaching.
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In accordance with the above, IT IS HEREBY ORDERED that within 14 days,

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plaintiff shall show cause why this case should not be dismissed for failure to prosecute pursuant

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to Fed. R. Civ. P. 41(b).

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DATED: October 3, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB
mill0166.osc2

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