Slaughter v. Glebe et al

Filing 68

ORDER that Plaintiff SHOW CAUSE why this action should not be dismissed against the unserved defendants without prejudice for failure to prosecute, failure to comply with a court order, and failure to perfect service of process. Show Cause Response due by 2/16/2016. Signed by Magistrate Judge J Richard Creatura. (CMG)cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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OSSIE LEE SLAUGHTER,

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Plaintiff,

CASE NO. 3:15-CV-05484-BHS-JRC
ORDER TO SHOW CAUSE

v.
PAT GLEBE,
Defendant.

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This matter has been referred to the undersigned United States Magistrate Judge pursuant

17 to 28 U.S.C. § 636(b)(1), Local Rules MJR 3 and 4, and Fed. R. Civ. P. 72.
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The Clerk’s Office has attempted to serve defendants Flemming, Presswood and Casey

19 by mail. Dkt. 13. However, returns of service sent to defendants Flemming, Presswood and
20 Casey were returned to the Court marked “There is more than one correctional officer with this
21 name. Cannot identify.” Dkts. 15, 16 17.
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On September 22, 2015, the Court ordered plaintiff to provide the complete names and

23 addresses for unserved defendants Flemming, Presswood and Casey by October 24, 2015. Dkt.
24 43. On October 30, 2015, in response to plaintiff’s letters/responses to the Court, the Court again
ORDER TO SHOW CAUSE - 1

1 ordered plaintiff to provide service addresses for the three unserved defendants by November 30,
2 2015. Dkt. 48. On November 10, 2015, the Court granted plaintiff a ten-day extension to file the
3 service addresses until December 10, 2015. Dkt. 50.
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This action was filed August 7, 2015 and plaintiff had until December 10, 2015 to

5 provide the Court with service addresses. See Dkt. 50; See also Fed. R. Civ. P. 4(m)(120 days to
6 perfect service.
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The Court orders plaintiff to show cause why this action should not be dismissed against

8 the unserved defendants without prejudice for failure to prosecute, failure to comply with a court
9 order, and failure to perfect service of process. If plaintiff does not have a response to this order
10 filed by February 16, 2016, the undersigned will recommend dismissal of this action against the
11 unserved defendants.
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Dated this 15th day of January, 2016.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO SHOW CAUSE - 2