Ledezma v. Acka et al

Filing 14

ORDER VACATING 9/20/2018 CMC; ORDER FOR PLAINTIFF TO SHOW CAUSE RE: SERVICE. Show Cause Response due by 9/27/2018. Signed by Judge Thomas S. Hixson on 9/17/2018. (cdnS, COURT STAFF) (Filed on 9/17/2018)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 LUIS LEDEZMA, Plaintiff, 7 8 9 10 Case No. 18-cv-03474-TSH ORDER TO SHOW CAUSE v. SAHIN ACKA, et al., Defendants. United States District Court Northern District of California 11 12 This matter is currently scheduled for a Case Management Conference on September 20, 13 2018. However, there is no indication that Plaintiff Luis Ledezma served any of the named 14 defendants. Federal Rule of Civil Procedure 4 provides: “If a defendant is not served within 90 15 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff-- 16 must dismiss the action without prejudice against that defendant or order that service be made 17 within a specified time.” Fed. R. Civ. P. 4(l). Accordingly, the Court VACATES the September 18 20, 2018 Case Management Conference and ORDERS Plaintiff to show cause, in writing and no 19 later than September 27, 2018, why this case should not be dismissed for failure to serve within 20 the time required by Rule 4(l). Notice is hereby provided that failure to file a written response will 21 be deemed an admission that Plaintiff does not intend to prosecute, and the case will be dismissed 22 without prejudice. Thus, it is imperative that the Court receive a written response by the deadline 23 above. No chambers copy is required. 24 IT IS SO ORDERED. 25 26 Dated: September 17, 2018 27 28 THOMAS S. HIXSON United States Magistrate Judge

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