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)

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