Carmen Alicia Felix v. Nancy A. Berryhill

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

CaseNo. CV 20-04530-SB (SK) Date August 17, 2021 Title Carmen Alicia Felix v. Nancy A. Berryhill

Present: The Honorable Steve Kim, United States Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendant: None present None present Proceedings: (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. Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution on its own motion).

In the present case, it appears that the below time period has not been met. Accordingly, the Court, on its own motion, orders Plaintiff to show cause, in writing, on or before September 7, 2021, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, 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 Plaintiffs response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action.

Defendant 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 ISSO ORDERED.

________________________(Full Name) ________________________(Address Line 1) ________________________(Address Line 2) ________________________(Phone Number) ________________ in Pro Per (indicate Plaintiff or Defendant)

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Case No.: ____________________ ________________________,

Plaintiff,

APPLICATION FOR ENTRY OF vs. DEFAULT AGAINST: ________________________ _______________________________ ________________________ _______________________________ ________________________ _______________________________ ________________________ _______________________________ ________________________, _______________________________ Defendant(s). _______________________________

To the Clerk of the United States District Court for the Central District of California:

As provided by Rule 55 of the Federal Rules of Civil Procedure, Plaintiff (your name) requests that the Clerk enter the default of the following Defendant(s) for failure to plead or otherwise defend against this action in a timely manner:

Name of Defendant:

1) As evidenced by the proof of service on file with this Court, the above- named Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on (date) .

2) The applicable time limit for the above-named Defendant to appear or otherwise respond to this action expired on (date) .

Name of Defendant:

1) As evidenced by the proof of service on file with this Court, the above- named Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on (date) .

2) The applicable time limit for the above-named Defendant to appear or otherwise respond to this action expired on (date) .

Name of Defendant:

1) As evidenced by the proof of service on file with this Court, the above- named Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on (date) .

2) The applicable time limit for the above-named Defendant to appear or otherwise respond to this action expired on (date) .

The above-named Defendants have failed to plead or otherwise respond to the complaint.

This request is based on the attached Declaration of Plaintiff.

DATED: ____________________ Respectfully submitted, ______________________________ (sign) ______________________________ (print name)

Plaintiff in Pro Per

DECLARATION OF PLAINTIFF

I, (name) , declare as follows: 1. I am the Plaintiff in this action. If called as a witness, I could and would competently testify thereto.

2. Defendant (name) was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on (date) , as evidenced by the proof of service on file with this Court.

3. Under Rule 12, Defendant (name) was required to plead or otherwise respond to the complaint by (date) .

The time to plead or otherwise respond to the complaint has not been extended by any agreement of the parties or any order of the Court.

4. Defendant (name) has failed to serve or file a pleading or otherwise respond to the complaint. The applicable time limit for responding to the complaint has expired.

5. Defendant (name) is not a minor or an incompetent person.

6. Defendant (name) is not currently in the military service, and therefore the Servicemembers Civil Relief Act does not apply.

(If you are trying to default multiple Defendants, you should make a copy of this page and fill it out for each Defendant.)

¶#___. Defendant (name) was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on (date) , as evidenced by the proof of service on file with this Court.

¶#___. Under Rule 12, Defendant (name) was required to plead or otherwise respond to the complaint by (date) .

The time to plead or otherwise respond to the complaint has not been extended by any agreement of the parties or any order of the Court.

¶#___. Defendant (name) has failed to serve or file a pleading or otherwise respond to the complaint. The applicable time limit for responding to the complaint has expired.

¶#___. Defendant (name) is not a minor or an incompetent person.

¶#___. Defendant (name) is not currently in the military service, and therefore the Servicemembers Civil Relief Act does not apply.

// // // //

¶#___. I have attached to this declaration a true and correct copy of the proofs of service on file with this Court for the above-named Defendants.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on __________________, in _____________________________. (date of signing) (city, state of signing) ______________________________ (sign) ______________________________ (print name)

Plaintiff in Pro Per

PROOF OF SERVICE BY MAIL

On , I served the documents described as: (date of mailing)

1. Application for Entry of Default

2. Declaration of Plaintiff

__________________________________________________________________ (list the names of any other documents you are mailing) __________________________________________________________________ __________________________________________________________________

__________________________________________________________________ on all interested parties in this action by placing a true and correct copy thereof in a sealed envelope, with first-class postage prepaid thereon, and deposited said envelope in the United States mail at or in ____________________________, (city and state of mailing) addressed to: __________________________ (name) _______________________________________ (name) __________________________ (address) _______________________________________ (address)

__________________________ (address) _______________________________________ (address) __________________________ (address) _______________________________________ (address)

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ___________________ at ____________________________.

(date) (city and state of signing) ____________________________ (sign)

(_ p_ rin_ t _ na_ m_ e)_ _____________________