Sumera v. Holder et al

Filing 10

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Show Cause Response due by 10/18/2013 at 5:00 p.m.. Signed by Judge Kandis A. Westmore on October 4, 2013. (kawlc2, COURT STAFF) (Filed on 10/4/2013)

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1 2 United States District Court Northern District of California 3 4 5 6 RUBEN SUMERA, Plaintiff, 7 v. 8 9 ERIC HOLDER, et al., Case No.: CV 13-01950-KAW ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Defendants. 10 United States District Court Northern District of California 11 The initial case management conference in this case was scheduled to take place on July 12 13 30, 2013. That initial case management conference was continued to August 6, 2013. 14 On July 30, 2013, Plaintiff requested an extension of time to serve the defendants in this 15 case. (Dkt. No. 8). In the request, Plaintiff indicated that the summons and complaint were out 16 for service. (Id.) Plaintiff also requested that the court continue the initial case management 17 conference set for August 6, 2013. (Id.) 18 On August 1, 2013, the court granted Plaintiff's request. (Dkt. No. 9). The court 19 continued the initial case management conference to October 8, 2013 and set October 1, 2013 as 20 the deadline for the parties' joint case management conference statement. (Id.) The court also 21 extended the deadline for service on the defendants to August 31, 2013. (Id.) As of the date of 22 this order, Plaintiff has not filed proof of service of the complaint and summons or filed the 23 required case management statement. Nor has Plaintiff contacted the court to explain what is 24 going on in the case, to request more time, or to otherwise prosecute the case. 25 // 26 // 27 // 28 // 1 The court hereby orders Plaintiff to show cause why this case should not be dismissed for 2 failure to prosecute. Plaintiff shall file a written response to this order to show cause by Friday, 3 October 18, 2013 at 5:00 p.m. The initial case management conference currently set for October 4 8, 2013 is hereby vacated. 5 6 IT IS SO ORDERED. Dated: October 4, 2013 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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