Mayle v. Holder, et al

Filing 12

SECOND ORDER TO SHOW CAUSE. Proof of service of the immigration mandamus due by 5/15/2015. Signed by Magistrate Judge Jacqueline Scott Corley on 5/8/2015. (ahm, COURT STAFF) (Filed on 5/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALFRED JAMES MAYLE,

Case No. 14-cv-04072-JSC

Plaintiff,
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United States District Court
Northern District of California

v.

SECOND ORDER TO SHOW CAUSE

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ERIC HOLDER, et al.,
Defendants.

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This immigration mandamus was filed on September 8, 2014; however, the docket does

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not reflect that Respondents have been served. Accordingly, on March 2, 2015, the Court issued

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an Order to Show Cause as to why the petition should not be dismissed for failure to prosecute

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pursuant to Federal Rule of Civil Procedure 41 based on Petitioner’s failure to serve and otherwise

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prosecute this action. (Dkt. No. 8.) Petitioner filed a response indicating that counsel’s secretary

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personally served Respondents in March (Dkt. No. 9), but Petitioner did not file a proof of service.

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See Fed. R. Civ. P. 4(l). Accordingly, the Court issued an Order directing Petitioner to file a proof

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of service by March 26. Petitioner did not do so, and instead, his counsel filed a blank certificate

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of service that he docketed as a “Request for Waiver of Service in a Social Security Case.” (Dkt.

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No. 11.) The Clerk’s Office notified Petitioner’s counsel of the filing error on April 9, but he still

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has not filed a proper proof of service of the immigration mandamus.

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Petitioner shall have one final opportunity to comply with the rules and this Court’s
Orders. Petitioner must file a complete proof of service of the immigration mandamus by

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May 15, 2015. Failure to do so will result in the dismissal of this action for failure to prosecute

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pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: May 8, 2015

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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