Timothy S. Leatherby v. California State Department of Corrections and Rehabilitation et al
| Timothy S. Leatherby |
| California State Department of Corrections and Rehabilitation and Does |
| 2:2009cv06877 |
| September 22, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Orange |
| Anderson |
| Segal |
| Other |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| None |
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Filing
18
JUDGMENT by Judge Percy Anderson, IT IS ADJUDGED that the action herein is dismissed. (MD JS-6, Case Terminated). (rla)
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Filing
14
(In Chambers) ORDER TO SHOW CAUSE by Magistrate Judge Marc L. Goldman: Response to Order to Show Cause due by 4/28/2010.IT IS ORDERED that on or before April 28, 2010, Plaintiff shall show good cause in writing why this action should not be dismissed for failure to serve the Defendants within the required time period or shall demonstrate that service was effected upon the Defendants. If Plaintiff fails to respond to this order or effect service within the time specified, he will be deemed to hav e consented to a dismissal of this action for failure to effect service and failure to prosecute. The Court will not entertain a motion for service by the United States Marshal as there has been no showing of indigency under 28 U.S.C. § 1915 and because Plaintiff paid the full filing fee. (rla)
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Filing
6
MINUTES OF Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson: Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 120 days aft er the complaint is filed. Fed. R. Civ. P. 4(m). In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before 2/10/2010, why this action shou ld not be dismissed for lack of prosecution. The court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint. Court Reporter: Not Reported. (gk)
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