Timothy Keyhea v. Michael J Astrue
Filing
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ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE by Magistrate Judge Jacqueline Chooljian. Although plaintiff's deadline to effectuate service and to file proofs of service expired on July 29, 2013, plaintiff has to date failed to file any proof of service. Response to Order to Show Cause due by 8/20/2013. (hr)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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TIMOTHY KEYHEA,
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Plaintiff,
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vs.
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CAROLYN COLVIN,
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Commissioner of Social Security, )
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Defendant.
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Case No. EDCV 13-518 BRO(JC)
ORDER TO SHOW CAUSE RE
DISMISSAL FOR FAILURE TO
PROSECUTE
On March 29, 2013, plaintiff Timothy Keyhea (“plaintiff”) filed a complaint
18 in the above-captioned matter. On April 2, 2013, the Court issued a Case
19 Management Order (“April Order”) which directed plaintiff to serve the summons
20 and complaint on defendant within 120 days of the filing of the complaint, i.e., by
21 July 29, 2013, in accordance with Rules 4(i) and 4(m) of the Federal Rules of
22 Civil Procedure, by (1) serving the United States Attorney or his authorized agent
23 personally at the United States Courthouse or by registered or certified mail
24 addressed to the United States Attorney’s Civil Process Clerk at the Office of the
25 United States Attorney, Central District of California, Civil Division, Room 7516,
26 Federal Building, 300 North Los Angeles Street, Los Angeles, California 90012;
27 and (2) serving by registered or certified mail both the Commissioner of the Social
28 Security Administration and the Attorney General of the United States as required
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1 by Rule 4(i)(1)(B) of the Federal Rules of Civil Procedure. See April Order ¶ 2.
2 The April Order further directed plaintiff to file a proof of service showing
3 compliance with this paragraph by July 29, 2013. Finally, the April Order
4 cautioned plaintiff that the failure to effectuate proper service by July 29, 2013,
5 might result in the dismissal of the action without prejudice by reason of plaintiff’s
6 failure to prosecute unless plaintiff could show good cause for extending the time
7 for service. Although plaintiff’s deadline to effectuate service and to file proofs of
8 service expired on July 29, 2013, plaintiff has to date failed to file any proof of
9 service.
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Accordingly, IT IS HEREBY ORDERED, pursuant to Rule 4(m) of the
11 Federal Rules of Civil Procedure and Local Rule 41-1, that within fourteen (14)
12 days of the date of this Order, i.e., by not later than August 20, 2013, plaintiff
13 shall show good cause in writing, if there be any, why service was not made on
14 defendant by July 29, 2013, and why this case should not be dismissed without
15 prejudice for failure to effectuate service, lack of prosecution, and/or failure to
16 comply with the April Order. Failure timely to respond to this Order to Show
17 Cause or to show cause, may result in the dismissal of this action without
18 prejudice for failure to effectuate service, lack of prosecution, and/or failure to
19 comply with the April Order.
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IT IS SO ORDERED.
21 DATED:
August 6, 2013
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/s/
Honorable Jacqueline Chooljian
UNITED STATES MAGISTRATE JUDGE
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