Kelly v. Washington State Department of Transportation et al

Filing 4

ORDER TO SHOW CAUSE directing plaintiff to show cause within 21 days by Judge Ricardo S Martinez. (RS) cc plaintiff

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 MELVIN J. KELLY, Plaintiff, 9 10 v. 11 12 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, et al., 13 Defendants. ) ) CASE NO. C16-0522RSM ) ) ) ORDER TO SHOW CAUSE ) ) ) ) ) 14 15 Pro Se Plaintiff, Melvin J. Kelly, filed a Complaint in this matter on April 19, 2016. Dkt. 16 #1. Plaintiff raises allegations of employment discrimination arising out of an injury he suffered 17 while working. Dkt. #3. Plaintiff was granted in forma pauperis status, and blank summonses 18 were issued to him the same day the Complaint was filed; however, there is no indication that 19 20 this matter has ever been served, and no Defendants have ever appeared. 21 Federal Rule of Civil Procedure 4 sets forth the procedure for serving the Defendants in 22 this matter. Rule 4(m) requires that service be made within 90 days of filing the Complaint. 23 Plaintiff has failed to show proof of service on any of the Defendants. Accordingly, no later 24 than twenty-one (21) days from the date of this Order, Plaintiff shall SHOW CAUSE why his 25 26 case should not be dismissed for failure to prosecute. The Clerk shall send a copy of this Order to Plaintiff at 5938 18th Ave. SW, Seattle, WA 27 28 98106. SHOW CAUSE ORDER PAGE - 1 1 DATED this 12th day of April, 2017. 2 A 3 4 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHOW CAUSE ORDER PAGE - 2

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