Fleming v. Colvin

Filing 7

ORDER to Show Cause. Signed by Judge Lucy H. Koh on 5/18/2016. (lhklc3, COURT STAFF) (Filed on 5/18/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
SAN JOSE DIVISION

United States District Court
Northern District of California

11
12

JONATHAN BENJAMIN FLEMING,

Case No. 16-CV-00162-LHK

13

Plaintiff,

ORDER TO SHOW CAUSE

14
15
16

v.
CAROLYN COLVIN,
Defendant.

17
18

Plaintiff Jonathan Benjamin Fleming (“Plaintiff”) filed the complaint on January 11, 2016.

19

ECF No. 1. According to Federal Rule of Civil Procedure 4, “[i]f a defendant is not served within

20

90 days after the complaint is filed, the court—on motion or on its own after notice to the

21

plaintiff—must dismiss the action without prejudice against that defendant or order that service be

22

made within a specified time.” To comply with Rule 4, Plaintiff needed to serve Defendant

23

Carolyn Colvin within 90 days of January 11, 2016, or by April 11, 2016. It is now May 18, 2016

24

and Plaintiff has failed to file any proof of service. Accordingly, Plaintiff is hereby ORDERED

25

TO SHOW CAUSE as to why this action should not be dismissed without prejudice for failure to

26

prosecute. Plaintiff has until June 2, 2016 to file a response to this Order to Show Cause. A

27

hearing on this Order to Show Cause is set for June 16, 2016, at 1:30 p.m. Plaintiff’s failure to

28

1
Case No.16-CV-00162-LHK
ORDER TO SHOW CAUSE

1

respond to this Order and to appear at the June 16, 2016 hearing will result in dismissal without

2

prejudice for failure to prosecute.

3

IT IS SO ORDERED.

4
5

Dated: May 18, 2016
______________________________________
LUCY H. KOH
United States District Judge

6
7
8
9
10

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
Case No.16-CV-00162-LHK
ORDER TO SHOW CAUSE