Vasquez-Zarate v. Astrue

Filing 6

ORDER TO SHOW CAUSE. Show Cause Response and Notice of Consent or Declination due by 12/14/2012.. Signed by Judge Elizabeth D Laporte on 11/28/2012. (knm, COURT STAFF) (Filed on 11/29/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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YOLANDA VASQUEZ-ZARATE,
Plaintiff,

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No. C -12-3843 EDL

v.
MICHAEL J. ASTRUE,
Defendant.

ORDER TO SHOW CAUSE
/

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This social security appeal was filed on July 23, 2012. There has been no showing that

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Plaintiff has served Defendant with the summons and complaint in this case in accordance with 120-

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day deadline set out in Federal Rule of Civil Procedure 4. The time to serve Defendant in

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accordance with Rule 4 has expired. When the time to serve has expired, the Court must dismiss the

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case without prejudice or may order that service be completed within a specific time. See Fed. R.

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Civ. P. 4(m). Plaintiff is hereby Ordered to show cause by no later than December 14, 2012 why

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this case should not be dismissed without prejudice for failure to serve, or why an extended time for

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service should be allowed.

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Furthermore, despite several requests from the Court, Plaintiff has not consented to or
declined to have this case heard by a Magistrate Judge. Plaintiff shall file a consent or declination
form by December 14, 2012.

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3 IT IS SO ORDERED.
4 Dated: November 28, 2012
ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
For the Northern District of California

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