Blueford v. Commissioner of Social Security

Filing 10

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 4/25/2018 GRANTING 7 Motion for Extension of Time to Serve Defendant and DIRECTING Plaintiff to complete service by Monday, 6/25/2018. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES BLUEFORD,

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Plaintiff,

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No. 2:18-cv-00342 AC

v.

ORDER TO SHOW CAUSE

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). Plaintiff filed his

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complaint on February 13, 2018. ECF No. 1. On February 14, 2018, a scheduling order was

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issued ordering the plaintiff to serve a copy of the scheduling order and complete service of

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process within 21 days of filing the complaint. ECF No. 5 at 2. That deadline passed and this

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court issued an Order to Show Cause on April 18, 2018 ordering plaintiff to tell the court by April

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27, 2018 why the case should not be dismissed for failure to prosecute. ECF No. 6 at 1. The

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order specified that filing of a proof of service upon defendant would be deemed good cause

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shown.

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On April 23, 2018 plaintiff filed a motion for a 60 day extension of time to serve

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defendant (ECF No. 7) and responded to the order to show cause (ECF No. 8) stating that he was
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unable to complete service by the initial deadline due to illness and hospitalization. The court

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accepts plaintiff’s statement as good cause and will grant plaintiff’s request for an extension.

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Plaintiff is cautioned, however, than no further requests for extensions of time will be looked at

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unfavorably.

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It is hereby ORDERED that plaintiff’s motion for an extension of time to serve defendant

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(ECF No. 7) is GRANTED and plaintiff must complete service by Monday, June 25, 2018.

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Failure to file a proof of service by that date may result in a recommendation that this case be

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dismissed for failure to prosecute.

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DATED: April 25, 2018

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