Milano v. City of Walnut Creek et al

Filing 11

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 10/6/2011 02:30 PM. Show Cause Response due by 9/29/2011. Signed by Judge Richard Seeborg on 9/6/11. (cl, COURT STAFF) (Filed on 9/6/2011)

*E-Filed 9/6/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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No. C 11-01516 RS

GARY MILANO,

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For the Northern District of California

United States District Court

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ORDER TO SHOW CAUSE

Plaintiff,
v.
CITY OF WALNUT CREEK, et al.,
Defendants.
____________________________________/

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On March 29, 2011, pro se plaintiff Gary Milano filed a complaint against defendants City

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of Walnut Creek, Sgt. M. McLaughlin, Officer R. Dickey, and Robert Taylor. Milano did not serve

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any of the defendants with the summons and complaint as required by Federal Rule of Civil

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Procedure 4 and therefore none have appeared in the case. Although he subsequently filed a First

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Amended Complaint on June 24, 2011, he still has not served the defendants. Furthermore, Milano

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failed to appear at the initial Case Management Conference, which was held on September 1, 2011.

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Accordingly, Milano is hereby ordered to show cause in writing why this case should not be

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dismissed for failure to prosecute. His show cause response must be filed in this Court no later than

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September 29, 2011. Milano is further directed to appear for a show cause hearing on October 6,

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2011, at 1:30 p.m. in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate

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Avenue, San Francisco, California. Failure to file a response or to appear at the hearing will result

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No. C 11-01516 RS
ORDER TO SHOW CAUSE

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in dismissal of the action. Milano may wish to consult the Court’s “Handbook for Litigants Without

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a Lawyer,” available from the Clerk’s Office or on the Court’s website at

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http://www.cand.uscourts.gov/prosehandbk.

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IT IS SO ORDERED.

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Dated: 9/6/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. C 11-01516 RS
ORDER TO SHOW CAUSE

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

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Gary Lee Milano
3710 Lone Tree Way, #113
Antioch, CA 94509

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DATED: 9/6/11
/s/ Chambers Staff
Chambers of Judge Richard Seeborg

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For the Northern District of California

United States District Court

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No. C 11-01516 RS
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