Abel v. Martel et al

Filing 39

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 11/17/11 ordering that plaintiff show cause within 14 days why defendants Walker and Kaplan should not be dismissed. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ABEL, 11 Plaintiff, 12 vs. 13 No. CIV S-09-1749 JAM CKD P MIKE MARTEL, 14 Defendant. 15 ORDER TO SHOW CAUSE / 16 Plaintiff is a California prisoner proceeding with counsel with an action for 17 violation of civil rights under 42 U.S.C. § 1983. Plaintiff filed his amended complaint on 18 October 15, 2010. On November 22, 2010, the court screened plaintiff’s amended complaint 19 pursuant to 28 U.S.C. § 1915A and determined that service of process is appropriate for all 20 defendants. To date, neither defendant Walker nor Kaplan have been served with process. 21 Because more than 120 days have elapsed since service of process was approved, and plaintiff 22 has not shown good cause as to why neither defendant Walker nor defendant Kaplan have been 23 served, the court will order that plaintiff show cause why those defendants should not be 24 dismissed. See Fed. R. Civ. P. 4(m). 25 ///// 26 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff show cause within 2 fourteen days why defendants Walker and Kaplan should not be dismissed. Plaintiff’s failure to 3 show cause will result in a recommendation that defendants Walker and Kaplan be dismissed. 4 Dated: November 17, 2011 5 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 1 abel1749.osc(2) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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