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