Marchenko v. McHugh

Filing 26

ORDER SETTING HEARING ON ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. Order to Show Cause Hearing set for 4/23/2010 10:30 AM. Signed by Judge Jeremy Fogel on 3/26/10. (dlm, COURT STAFF) (Filed on 3/29/2010)

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C a s e No. C 09-3673 JF (PVT) O R D E R SETTING HEARING ON ORDER TO SHOW CAUSE (J FL C 2 )
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**E-Filed 3/29/10**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

VITALY G. MARCHENKO, Plaintiff, v. JOHN MCHUGH, Secretary of the Army, Defendant.

Case Number C 09-3673 JF (PVT) ORDER1 SETTING HEARING ON ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE

The Court has been informed that Plaintiff may be deceased. On January 14, 2010, the Court issued an order directing Plaintiff or his heir or successor to inform the Court whether the action would be pursued and to show cause why the action should not be dismissed for failure to prosecute. It is unclear from the record whether that order was served upon Plaintiff, who has proceeding in this action pro se. Accordingly, the Clerk of the Court shall serve Plaintiff with

This disposition is not designated for publication in the official reports.

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the order of January 14 and the instant order. A hearing on the Order to Show Cause is HEREBY SET for April 23, 2010 at 10:30 a.m. If no one appears on behalf of Plaintiff, the action will be dismissed without prejudice for failure to prosecute. IT IS SO ORDERED.

Dated: 3/26/2010 __________________________________ JEREMY FOGEL United States District Judge

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Copies of this order have been served upon the following persons:

Vitaly G Marchenko 9633 Sunland Place Sunland, CA 91040 Claire T. Cormier [e-mail]

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C a s e No. C 09-3673 JF (PVT) O R D E R SETTING HEARING ON ORDER TO SHOW CAUSE (J FL C 2 )

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