UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 17, 2012
CITY OF FRESNO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER DISCHARGING ORDER TO SHOW CAUSE
Plaintiff proceeds in forma pauperis and in pro se in this action pursuant to 42 U.S.C. § 1983 against Defendant Police Officer Catton for events surrounding his arrest. One of Plaintiff's claims was found to be cognizable, and on April 9, 2012, the Court provided Plaintiff with appropriate service documents and ordered that, within 30 days, Plaintiff complete the forms and return them to the Court. Plaintiff failed to complete the service documents as ordered.
On August 24, 2012, the Court ordered Plaintiff to show cause why his case should not be recommended for dismissal for failing to comply with the Court's April 9, 2012, order or to file the service documents as ordered. (Doc. 13.) On September 7, 2012, Plaintiff submitted the necessary service documents. (Doc. 14.) On September 10, 2012, Plaintiff also filed a declaration stating that he had been seeking counsel to represent him and did not understand that the service documents needed to be completed and returned to the Court. (Doc. 15, ¶¶ 3-4.)
As Plaintiff has filed the service documents and has provided an explanation why he failed to comply with the April 9, 2012, order, IT IS HEREBY ORDERED that the Court's August 24, 2012, Order to Show Cause is DISCHARGED.
IT IS SO ORDERED.
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