Su v. Feinstein

Northern District of California, cand-4:2015-cv-02435

ORDER discharging {{13}} Order to Show Cause. Plaintiff to file certificate of service by 12/31/15. ORDER vacating December 15, 2015 case management conference. The court will schedule an initial case management conference once the certificate of service is filed. Signed by Judge Kandis A. Westmore on 12/9/2015. (kawlc1, COURT STAFF) (Additional attachment(s) added on 12/10/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CHANG GUI SU, 7 Case No. 15-cv-02435-KAW Plaintiff, 8 ORDER DISCHARGING ORDER TO v. SHOW CAUSE; ORDER VACATING 9 12/15/15 CASE MANAGEMENT DIANNE FEINSTEIN, CONFERENCE 10 Defendant. Re: Dkt. No. 13 11 12 Northern District of California United States District Court 13 On October 21, 2015, the Court issued an order to show cause to Plaintiff to explain why 14 this case should not be dismissed for failure to complete service of the complaint within the period 15 prescribed in Federal Rule of Civil Procedure 4(m). (Dkt. No. 13.) On November 2, 2015, 16 Plaintiff filed an untitled document that the undersigned will construe as a response to the order to 17 show cause. (Dkt. No. 14.) Therein, Plaintiff stated that he mailed the lawsuit and related 18 documents in early-June. Id. at 2. To date, however, Plaintiff has not filed a certificate of service. 19 Accordingly, the order to show cause is discharged and Plaintiff is ordered to file a 20 certificate of service on or before December 31, 2015. If Plaintiff cannot recall the date and all 21 information concerning the June 2015 attempt to serve the complaint by mail, he should again 22 serve all documents and file a certificate of service by December 31, 2015. 23 Additionally, Plaintiff shall not file any other documents in a language other than English 24 without an English translation. Should Plaintiff want the Court to consider any non-English 25 documents previously filed, he shall file an English translation of the documents along with a 26 declaration that this is a translation and reference the original document. Otherwise the Court will 27 not consider the non-English documents filed. 28 As Defendant has not been served, the Court VACATES the case management conference 1 scheduled for December 15, 2015. The Court will schedule an initial case management 2 conference once the certificate of service is filed. 3 Following the correct court procedures is important, so Plaintiff may wish to contact the 4 Federal Pro Bono Project's Help Desk for assistance—a free service for pro se litigants—by 5 calling (415) 782-8982. Plaintiff may also wish to consult a manual the court has adopted to assist 6 pro se litigants in presenting their case. This manual, and other free information for pro se 7 litigants, is available online at: http://cand.uscourts.gov/proselitigants. 8 IT IS SO ORDERED. 9 Dated: December 9, 2015 __________________________________ 10 KANDIS A. WESTMORE 11 United States Magistrate Judge 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2