Noel v. Unknown

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/28/18 DISCHARGING 11 Order to Show Cause. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEFRANTZE LUCAS NOEL,

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No. 2:18-cv-01687-JAM-CKD (PS)

Plaintiff,
v.

ORDER

THERESA SANDSTRUM, et al.
Defendants.

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On November 26, 2018, plaintiff was ordered to show cause in writing why the court

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should not impose sanctions and/or dismiss the action, based upon his failure to follow the court’s

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previous order to supply the U.S. Marshal with the information needed to effectuate service of

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process and to notify the court that such information had been provided. (ECF No. 11.)

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On December 12, 2018, plaintiff responded that he had forgotten to comply with the

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court’s previous order due to medical issues and becoming overwhelmed with school. (ECF No.

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12.) Simultaneously, plaintiff filed a statement indicating that he had provided the U.S. Marshal

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with the information needed to effectuate service of process. (ECF No. 14.)

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In light of plaintiff’s representations, his belated compliance with the court’s order, and

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his in forma pauperis status, the court finds that sanctions are not warranted at this time.

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However, plaintiff is cautioned that any future failure to follow an order of this court may result

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in appropriate sanctions, including dismissal of the action.
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IT IS HEREBY ORDERED that the order to show cause (ECF No. 11) is

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DISCHARGED.

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Dated: December 28, 2018

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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