Edwards v. Colvin

Filing 7

ORDER TO SHOW CAUSE - by Judge J Richard Creatura. The Court hereby orders plaintiff to provide proof of service or show cause by August 26, 2016 why this matter should not be dismissed for lack of prosecution.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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TERRI EDWARDS,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

CASE NO. 2:16-cv-00630 RSL
ORDER TO PROVIDE PROOF OF
SERVICE OR TO SHOW CAUSE
WHY THIS MATTER SHOULD NOT
BE DISMISSED

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Defendant.
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This matter has been referred to United States Magistrate Judge J. Richard Creatura

16 pursuant to 28 U.S.C. § 636(b)(1) and Local Magistrate Judge Rule MJR 4(a)(4), and as
17 authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261, 271-72 (1976).
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Because there is no evidence in the record that this case has been properly served, the

19 Court hereby orders plaintiff to provide proof of service or show cause by August 26, 2016 why
20 this matter should not be dismissed for lack of prosecution.
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Fed. R. Civ. P. 4(m) requires a defendant to be served within 90 days after a complaint is

22 filed. Fed. R. Civ. P. 4(l) requires proof of service to be filed or made to the court. At this time,
23 although the Complaint in this matter was filed on May 3, 2016, the record does not show that
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ORDER TO PROVIDE PROOF OF SERVICE OR
TO SHOW CAUSE WHY THIS MATTER
SHOULD NOT BE DISMISSED - 1

1 the Complaint has been properly served (see Dkt. 3).
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Fed. R. Civ. P. 4(i) governs service with respect to complaints against the United States

3 and against United States agencies, officers and employees. See Fed. R. Civ. P. 4(i); see also
4 Villegas v. Astrue, No. 12-cv-1585, U.S. Dist. LEXIS 55223 at *1-*2 (C.D. Cal. April 18, 2012)
5 (unpublished opinion) (citing Fed. R. Civ. P. 41(b)).
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Fed. R. Civ. P. 4(m) requires the court to provide notice to plaintiff before the matter may

7 be dismissed for lack of prosecution, and Rule 4(i)(4) requires the court to allow a reasonable
8 time for plaintiff to cure a failure to serve multiple entities, if plaintiff has effected service on
9 either the United States attorney or the Attorney General of the United States.
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Plaintiff is ordered to provide proof of service or show cause why this matter should not

11 be dismissed for lack of prosecution by August 26, 2016. Failure to provide proof of service or
12 show cause shall result in a Report and Recommendation to dismiss this action.
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Dated this 11th day of August, 2016.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO PROVIDE PROOF OF SERVICE OR
TO SHOW CAUSE WHY THIS MATTER
SHOULD NOT BE DISMISSED - 2