Sudduth v. RBC Mortgage Company, N.A.

Filing 14

ORDER dismissing case without prejudice by Judge Christine M. Arguello on 6/14/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-00232-CMA-BNB
DAVID SUDDUTH,
Plaintiff,
v.
RBC MORTGAGE COMPANY, N.A.,
Defendant.

ORDER DISMISSING CASE FOR FAILURE TO SHOW CAUSE

This matter is before the Court pursuant to the Court’s June 3, 2013 Order
Denying Motion to Stay, which directed Plaintiff to show cause in writing by June 10,
2013, “as to why this case should not be dismissed for failure to prosecute.” (Doc. # 8.)
In that Order, the Court noted that Plaintiff had failed to comply with Magistrate Judge
Boland’s February 12, 2013 Order, “which directed Plaintiff ‘to file proof of service on
defendant on or before May 1, 2013.’” (Id. (quoting Doc. # 5).) Thereafter, Plaintiff filed
a motion for default and default judgment (Doc. # 9), as well as a purported proof of
service (Doc. # 12). The Clerk’s Office, however, after reviewing Plaintiff’s filings,
determined that default would not enter because, as relevant here, no adequate proof of
service had been filed. (Doc. # 13.) As such, the Court finds that, because Plaintiff has
not demonstrated proper service, he has filed to comply with the court’s order to show
cause.

Accordingly, it is ORDERED that this case is DISMISSED WITHOUT
PREJUDICE for Plaintiff’s failure to show cause as to why this case should not be
dismissed for failure to prosecute.
DATED: June

14 , 2013
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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