Michelle Ghenniva Davis v. Michael J Astrue
Filing
7
ORDER TO SHOW CAUSE by Magistrate Judge Jean P Rosenbluth. (See document for details.) Accordingly, Plaintiff is ordered to either (1) file with the Court no later than May 16, 2012, proof of proper service on the Commissioner or (2) show cause in writing by that date why this action should not be dismissed for failure to prosecute. Response to Order to Show Cause due by 5/16/2012. (wr)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL
Case No. CV 11-10477-PSG (JPR)
Date: May 2, 2012
Title: Michelle Ghenniva Davis v. Michael J. Astrue, Commissioner
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DOCKET ENTRY: Order to Show Cause Why Action Should Not be Dismissed
for Failure to Prosecute
===========================================================
PRESENT:
HON. JEAN P. ROSENBLUTH, MAGISTRATE JUDGE
Joe Roper
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFFS:
None present
n/a
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANTS:
None present
PROCEEDINGS: (IN CHAMBERS)
On December 30, 2011, Plaintiff, proceeding pro se, filed the Complaint in this
Social Security action. On January 5, 2012, the Court issued a Case Management Order.
In it the Court ordered Plaintiff to properly serve the summons and Complaint on the
Commissioner and file proof of service with the Court within 120 days of the filing of
the Complaint. The Court specifically warned Plaintiff that her failure to file proof of
service could “result in the dismissal of this case. See Fed. R. Civ. P. 4(m).”
Some 123 days have now passed and Plaintiff has not filed proof of service with
the Court. “If a defendant is not served within 120 days after the complaint is filed, the
court – on motion or on its own after notice to the plaintiff – must dismiss the action
without prejudice against that defendant or order that service be made within a specified
time.” Fed. R. Civ. P. 4(m); see Boudette v. Barnette , 923 F.2d 754, 757 (9th Cir. 1991)
(affirming dismissal of complaint for failure to timely serve summons and complaint).
Accordingly, Plaintiff is ordered to either (1) file with the Court no later than May
16, 2012, proof of proper service on the Commissioner or (2) show cause in writing by
that date why this action should not be dismissed for failure to prosecute.
MINUTES FORM 11
CIVIL-GEN
Initials of Deputy Clerk: JR
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