Opinion
CV 24-06734-SPG-E
11-03-2024
Rod Serp v. United States of America et al
PRESENT: THE HONORABLE SHERILYN PEACE GARNETT UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceeding: [In Chambers] Order To Show Cause Re: Dismissal for Lack of Prosecution
Plaintiff is ORDERED to show cause why this case should not be dismissed for lack of prosecution. Linkv. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution on its own motion).
The below time periods have not been met. Accordingly, the Court, on its own motion, orders Plaintiff to show cause, in writing, on or before November 13, 2024, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiffs response. See Fed.R.Civ.P. 78. Failure to respond will be deemed consent to the dismissal of the action.
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 90 days after the complaint is filed. Plaintiff(s) have failed to file a proof of service within 90 days of the filing of the Complaint on the following Defendant(s):
• United States of America
Plaintiff can satisfy this order by showing that service was effectuated within the 90 day deadline or by showing good cause for the failure to do so. Fed.R.Civ.P. 4(m).
Defendant The Michaels Organization did not answer the complaint, yet Plaintiff has failed to request entry of default, pursuant to Fed.R.Civ.P. 55(a). Plaintiff can satisfy this order by seeking entry of default or by dismissing the complaint.
IT IS SO ORDERED