Malasky v. Julian et al

Filing 7

ORDER TO SHOW CAUSE: Plaintiff to show cause in writing by no later than 10/31/2016 why this action should not be dismissed without prejudice for failure to prosecute and failure to serve the summons and complaint on Defendants. Signed by Magistrate Judge Donna M. Ryu on 10/19/16. (ig, COURT STAFF) (Filed on 10/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HENRY MALASKY,

Case No. 16-cv-04102-DMR

Plaintiff,
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v.

ORDER TO SHOW CAUSE RE
SERVICE OF COMPLAINT

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ROBERT A. JULIAN, et al.,
Defendants.

United States District Court
Northern District of California

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A case management conference was scheduled for October 19, 2016 at 1:30 p.m. in the

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above-entitled case, with a case management conference statement due by October 12, 2016.

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Plaintiff Henry Malasky filed an untimely case management conference statement in which he

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indicated that Defendants have not yet been served. He did not appear at the case management

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conference. Further, Plaintiff filed the complaint on July 21, 2016. Pursuant to Federal Rule of

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Civil Procedure 4(m), the court must dismiss an action without prejudice if a defendant is not

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served within 90 days after the complaint is filed.

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Accordingly, Plaintiff is hereby ORDERED to show cause in writing by no later than

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October 31, 2016 why this action should not be dismissed without prejudice for failure to

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prosecute and failure to serve the summons and complaint on Defendants. Failure to file a

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response to this order to show cause by October 31, 2016 may result in dismissal of this action.

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IT IS SO ORDERED.
Dated: October 19, 2016
______________________________________
DONNA M. RYU
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HENRY MALASKY,

Case No. 4:16-cv-04102-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ROBERT A. JULIAN, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on October 19, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Henry Malasky
2110 West Slaughter Lane
Suite 107-580
Austin, TX 78748

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Dated: October 19, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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