Israel v. White et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/22/11 ORDERING that the OSC, filed 6/2/11 is DISCHARGED. Plaintiff shall serve summons and the Second Amended Complaint within thirty (30) days of this order. Failure to comply with this order will result in a recommendation that this case be dismissed.(Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ABINADAB ISRAEL,
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Plaintiff,
No. CIV S-10-3194 LKK GGH PS
vs.
JUDGE STEVE W. WHITE,
et al.,
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Defendants.
ORDER
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This action was referred to the undersigned pursuant to Local Rule 302(c)(21).
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Despite initiating this case on November 29, 2010, plaintiff has not served defendants with any
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of the three complaints on file. After an order to show cause issued on June 2, 2011, requiring
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plaintiff to show cause for failure to serve the complaint within 120 days pursuant to Federal
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Rule of Civil Procedure 4(m), plaintiff responded only by filing a second amended complaint.
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In the order to show cause, issued June 2, 2011, plaintiff was informed that the
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court may dismiss an action where service of summons is not made within 120 days after the
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filing of the complaint. In the order requiring timely service filed November 29, 2010, plaintiff
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was cautioned that this action may be dismissed if service was not timely completed. Plaintiff
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has now filed a satisfactory response to the order to show cause.
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Accordingly, IT IS ORDERED that:
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1. The order to show cause, filed June 2, 2011, is discharged.
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2. Plaintiff shall serve summons and the second amended complaint within thirty
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(30) days of this order. Failure to comply with this order will result in a recommendation that
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this case be dismissed.
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DATED: June 22, 2011
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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
U. S. MAGISTRATE JUDGE
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GGH:076/Israel3194.svc.wpd
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