Su v. Feinstein

Filing 27

SECOND ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 5/27/2016. Signed by Judge Kandis A. Westmore on 5/4/2016. (kawlc1, COURT STAFF) (Filed on 5/4/2016) (Additional attachment(s) added on 5/4/2016: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHANG GUI SU,

Case No. 15-cv-02435-KAW

Plaintiff,
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SECOND ORDER TO SHOW CAUSE

v.
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DIANNE FEINSTEIN,
Defendant.

United States District Court
Northern District of California

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On October 21, 2015, the Court issued an order to show cause to Plaintiff to explain why

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this case should not be dismissed for failure to complete service of the complaint within the period

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prescribed in Federal Rule of Civil Procedure 4(m). (Dkt. No. 13.) On November 2, 2015, Plaintiff

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filed an untitled document that the undersigned construed as a response to the order to show cause.

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(Dkt. No. 14.) Therein, Plaintiff stated that he mailed the lawsuit and related documents in early-

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June. Id. at 2. Plaintiff did not file a certificate of service.

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On December 9, 2016, the Court discharged the order to show cause and ordered Plaintiff

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to file a certificate of service on or before December 31, 2015. (Dkt. No. 16.) Plaintiff was advised

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that if he could not recall the date and all information concerning the June 2015 attempt to serve

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the complaint by mail, he should again serve all documents and file a certificate of service by

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December 31, 2015. Id.

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To date, Plaintiff has not filed a certificate of service. Accordingly, Plaintiff shall SHOW

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CAUSE on or before May 27, 2016 by (1) explaining why he did not file a certificate of service

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by December 31, 2015 as previously ordered, and by (2) filing a certificate of service. These must

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be filed as separate documents. The failure to timely respond and timely file a certificate of

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service may result in the dismissal of this case for failure to prosecute.

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The Court notes that Plaintiff has filed a variety of documents and “statements” that

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include purported evidence of Defendant’s wrongdoing. (See Dkt. Nos. 17-26.) These are

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improper filings and are stricken. Following the correct court procedures is important, and

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Plaintiff may wish to contact the Federal Pro Bono Project’s Help Desk for assistance—a free

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service for pro se litigants—by calling [phone]. Plaintiff may also wish to consult a

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manual the court has adopted to assist pro se litigants in presenting their case. This manual, and

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other free information for pro se litigants, is available online at:

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http://cand.uscourts.gov/proselitigants.

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IT IS SO ORDERED.
Dated: May 4, 2016
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KANDIS A. WESTMORE
United States Magistrate Judge

United States District Court
Northern District of California

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