Evans v. Commissioner of Social Security

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 4/23/15: Plaintiff shall show cause in writing within fourteen days why this case should not be dismissed for lack of prosecution. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PARIS A. EVANS,

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Plaintiff,

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No. 2:14-cv-1695 DAD

v.

ORDER

CAROLYN W. COLVIN, Commissioner
of Social Security,

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Defendant.

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On October 17, 2014, the undersigned granted plaintiff’s motion to proceed in forma

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pauperis and ordered plaintiff to submit to the United States Marshal the documents necessary for

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service of process. (Dkt. No. 4.) Plaintiff was also ordered to file in this court a declaration

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stating the date on which the documents were submitted to the United States Marshal within five

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days after submitting those documents.

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Plaintiff, however, has not filed a declaration stating the date on which the documents

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necessary for service were submitted to the United States Marshall and the defendant has not

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appeared in this action. Plaintiff is advised that Rule 4(m) of the Federal Rules of Civil

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Procedure provides that a defendant must be dismissed if service of the summons and complaint

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is not accomplished on the defendant within 120 days after the complaint was filed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in writing

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within fourteen days why this case should not be dismissed for lack of prosecution.1 Failure to

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file a timely response will result in dismissal of this action.

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Dated: April 23, 2015

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DAD:6
ddad1/orders.soc sec/evans1695.osc.service.docx

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Plaintiff may also satisfy this order by filing a declaration stating the date on which the
documents were submitted to the United States Marshal.
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