Samuelian v. INS , U.S. Treasury et al

Filing 35

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 1/10/2019 CONTINUING the Status Conference to 3/20/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall show cause, in writing, on or before 1/30/2019, why this action and/or any unserved defendants should not be dismissed for failure to effect service of process and/or failure to comply with the court orders. By no later than 3/6/2019, the parties shall file status reports. Failure of plaintiff to comply with this order will result in a recommendation that this action be dismissed for failure to effect services of process, comply with court orders, and/or for lack of prosecution. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANDRA C. SAMUELIAN,

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Plaintiff,

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No. 2:18-cv-995-JAM-EFB PS

v.

ORDER AND ORDER TO SHOW CAUSE

U.S. TREASURY, et al.,

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Defendants.

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On July 31, 2018, the court issued an order which, among other things, set a status

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(pretrial scheduling) conference for January 9, 2019, directed plaintiff to complete service of

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process within 90 days, to serve a copy of the order concurrently with service of process, and

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directed the parties to file status reports within fourteen days of the January 9, 2019 conference,

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or in this instance, by December 26, 2018.1 ECF No. 7.

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None of the defendants have not appeared in this action, and there is no indication from

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the docket that plaintiff completed service of process. See Fed. R. Civ. P. 4(m) (requiring

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defendants be served within 90 days after the complaint is filed); Fed. R. Civ. P. 4(l)(l) (requiring

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that proof of service be made to the court). Additionally, plaintiff did not file a status report, as

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required by the July 31, 2018 order. Accordingly, the status conference will be continued and

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This case, in which plaintiff is proceeding in propria persona, is before the undersigned
pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
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plaintiff is ordered to show cause why this case and/or any unserved defendants should not be

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dismissed for failure to effect service of process within the time prescribed by Rule 4(m) and/or

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failure to comply with the court orders. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110 (“Failure of

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counsel or of a party to comply with these Rules or with any order of the Court may be grounds

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for imposition by the Court of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”); see also E.D. Cal. L.R. 183 (“Any individual representing himself

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or herself without an attorney is bound by the Federal Rules of Civil or Criminal Procedure and

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by these Local Rules.”); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a

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district court’s local rules is a proper ground for dismissal.”).

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Accordingly, it is hereby ORDERED that:

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1. The status conference scheduled for January 9, 2019, is continued to March 20, 2019 at

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10:00 a.m., in Courtroom No. 8.

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2. Plaintiff shall show cause, in writing, on or before January 30, 2019, why this action

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and/or any unserved defendants should not be dismissed for failure to effect service of process

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within the time prescribed by Rule 4(m) and/or failure to comply with the court orders.

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3. By no later than March 6, 2019, the parties shall file status reports (or a joint status

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report) setting forth the matters referenced in the court’s July 31, 2018 order, including the status

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of service of process.

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4. Failure of plaintiff to comply with this order will result in a recommendation that this

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action be dismissed for failure to effect services of process, comply with court orders, and/or for

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lack of prosecution under Rule 41(b).

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DATED: January 10, 2019.

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