Kappes v. Commissioner of Social Security

Filing 6

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 08/24/18 ORDERING that plaintiff shall SHOW CAUSE in writing within 21 days why this case should not be dismissed for lack of prosecution. Failure to file a timely response may result in the dismissal of this action. Plaintiff may also satisfy this order by filing a declaration stating the date on which the documents were submitted to the United States Marshal. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE KAPPES, III,

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No. 2:18-cv-0002 DB

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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On January 1, 2018, 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. (ECF No. 3.) 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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Despite the considerable passage of time, plaintiff has not filed a declaration stating the

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date on which the documents necessary for service were submitted to the United States Marshall

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and the defendant has not appeared in this action. Plaintiff is advised that Rule 4(m) of the

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Federal Rules of Civil Procedure provides that a defendant must be dismissed if service of the

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summons and complaint is not accomplished on the defendant within 90 days after the complaint

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was filed.
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Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in writing within

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twenty-one days why this case should not be dismissed for lack of prosecution.1 Failure to file a

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timely response may result in the dismissal of this action.

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Dated: August 24, 2018

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DLB:6
DB\orders\orders.soc sec\kappes0002.osc.service.ord

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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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