Sumera v. Holder et al

Filing 12

ORDER re 11 Response to Order to Show Cause filed by Ruben Sumera. Signed by Judge Kandis A. Westmore on October 25, 2013. (kawlc2, COURT STAFF) (Filed on 10/25/2013)

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1 2 United States District Court Northern District of California 3 4 5 6 RUBEN SUMERA, Plaintiff, 7 8 9 v. Case No.: CV 13-01950-KAW ORDER REGARDING PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE ERIC HOLDER, et al., Defendants. 10 United States District Court Northern District of California 11 12 On October 4, 2013, this court ordered Plaintiff to show cause why the above-captioned 13 case should not be dismissed for failure to prosecute. (Oct. 1, 2013 Order to Show Cause, Dkt. 14 No. 10.) In the order, the court noted that while it had granted Plaintiff an extension of time to 15 serve the defendants, Plaintiff had not filed proof of service of the summons and complaint. (Id.) 16 The extended deadline for serving the defendants was August 31, 2013. (Id.) The court therefore 17 ordered Plaintiff to file a written response to the order to show cause by Friday, October 18, 2013 18 at 5:00 p.m. 19 Plaintiff filed an untimely response to the order to show cause. (Pls.' Response, Dkt. No. 20 11.) While the court excuses the late filing, Plaintiff's response is insufficient. Plaintiff indicated 21 that defendants were served on September 18, 2013 and that he will file proof of service upon 22 receipt from the process server. (Id.) 23 As of the date of this order, Plaintiff has not yet filed proof of service of the summons and 24 complaint. Plaintiff shall promptly file proof of service of the summons and complaint. The 25 court will discharge the order to show cause after Plaintiff has filed such proof of service. 26 27 28 IT IS SO ORDERED. Dated: October 25, 2013 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge

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