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