Clark v. Commissioner of Social Security

Filing 9

ORDER signed by Magistrate Judge Craig M. Kellison on 1/11/2013 ORDERING that Plaintiff shall SHOW CAUSE, in writing, within 30 days of the date of this order, why this action should not be dismissed for failure to submit service documents to the U nited States Marshall. Plaintiff is again warned that failure to respond to this order may result in dismissal of the action for the reasons outlined above, as well as for failure to prosecute and comply with court rules and orders. (Zignago, K.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

HOWARD M. CLARK,

12

Plaintiff,

13
14

No. 2:12-cv-2550-MCE-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

15
Defendant.
16
17
18
19

/
Plaintiff, who is proceeding without counsel, brings this action for judicial review
of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).
On November 14, 2012, the court granted plaintiff’s motion for leave to proceed

20

in forma pauperis. That order required plaintiff to submit to the United States Marshal, within 15

21

days of the date of service of the order, a completed summons and copies of the complaint, and

22

file a statement with the court that said documents have been submitted. Plaintiff was warned

23

that failure to comply may result in dismissal of this action for lack of prosecution and failure to

24

comply with court rules and orders. See Local Rule 110. More than 15 days have elapsed and

25

plaintiff has not complied with the order by filing a statement informing the court that the

26

necessary documents were submitted to the United State Marshal for service.
1

1

Plaintiff shall show cause, in writing, within 30 days of the date of this order, why

2

this action should not be dismissed for failure to submit service documents to the United States

3

Marshall. Plaintiff is again warned that failure to respond to this order may result in dismissal of

4

the action for the reasons outlined above, as well as for failure to prosecute and comply with

5

court rules and orders. See id.

6

IT IS SO ORDERED.

7
8
9
10

DATED: January 11, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2