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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHANG GUI SU, Case No. 15-cv-02435-KAW Plaintiff, 8 SECOND ORDER TO SHOW CAUSE v. 9 10 DIANNE FEINSTEIN, Defendant. United States District Court Northern District of California 11 12 13 On October 21, 2015, the Court issued an order to show cause to Plaintiff to explain why 14 this case should not be dismissed for failure to complete service of the complaint within the period 15 prescribed in Federal Rule of Civil Procedure 4(m). (Dkt. No. 13.) On November 2, 2015, Plaintiff 16 filed an untitled document that the undersigned construed as a response to the order to show cause. 17 (Dkt. No. 14.) Therein, Plaintiff stated that he mailed the lawsuit and related documents in early- 18 June. Id. at 2. Plaintiff did not file a certificate of service. 19 On December 9, 2016, the Court discharged the order to show cause and ordered Plaintiff 20 to file a certificate of service on or before December 31, 2015. (Dkt. No. 16.) Plaintiff was advised 21 that if he could not recall the date and all information concerning the June 2015 attempt to serve 22 the complaint by mail, he should again serve all documents and file a certificate of service by 23 December 31, 2015. Id. 24 To date, Plaintiff has not filed a certificate of service. Accordingly, Plaintiff shall SHOW 25 CAUSE on or before May 27, 2016 by (1) explaining why he did not file a certificate of service 26 by December 31, 2015 as previously ordered, and by (2) filing a certificate of service. These must 27 be filed as separate documents. The failure to timely respond and timely file a certificate of 28 service may result in the dismissal of this case for failure to prosecute. 1 The Court notes that Plaintiff has filed a variety of documents and “statements” that 2 include purported evidence of Defendant’s wrongdoing. (See Dkt. Nos. 17-26.) These are 3 improper filings and are stricken. Following the correct court procedures is important, and 4 Plaintiff may wish to contact the Federal Pro Bono Project’s Help Desk for assistance—a free 5 service for pro se litigants—by calling (415) 782-8982. Plaintiff may also wish to consult a 6 manual the court has adopted to assist pro se litigants in presenting their case. This manual, and 7 other free information for pro se litigants, is available online at: 8 http://cand.uscourts.gov/proselitigants. 9 10 IT IS SO ORDERED. Dated: May 4, 2016 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 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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