United States v. $42,400.00 in United States Currency

Filing 11

ORDER that the plaintiff has until the close of business on February 19, 2016, to show cause why this case should not be dismissed for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,
Plaintiff,

8:15CV344

vs.
ORDER
$42,400.00 IN UNITED STATES
CURRENCY,
Defendant.
This matter comes before the court after a review of the court file and pursuant to
NECivR 41.2, which states in pertinent part: “At any time, a case not being prosecuted
with reasonable diligence may be dismissed for lack of prosecution.”
In this case the complaint was filed on September 18, 2015. See Filing No. 1.
On September 29, 2015, the plaintiff sought and received permission to service notice
by publication. See Filing Nos. 6-7. Additionally, on December 23, 2015, the plaintiff
filed notice of serving summons upon an individual. See Filing Nos. 3-4. The plaintiff
has taken no other action. It remains the plaintiff’s duty to go forward in prosecuting the
case.

The plaintiff may, for example, seek entry of default pursuant or voluntarily

dismiss the action, as appropriate. Under the circumstances, the plaintiff must make a
showing of good cause for failure to prosecute or the action must be dismissed.
Accordingly,

IT IS ORDERED:
The plaintiff has until the close of business on February 19, 2016, to show cause
why this case should not be dismissed for failure to prosecute or take some other
appropriate action.
Dated this 8th day of February, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge