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Owens v. Nuxoll

United States District Court, Ninth Circuit

June 13, 2013

JAMES N. OWENS, Plaintiff,
v.
RUSSELL NUXOLL et al., Defendants.

ORDER

KENDALL J. NEWMAN, Magistrate Judge.

The court's electronic docket indicates that on May 7, 2013, plaintiff James N. Owens ("plaintiff"), who is proceeding without counsel and in forma pauperis, filed a Second Amended Complaint.[1] (ECF No. 33.) Plaintiff filed his Second Amended Complaint pursuant to a court order issued on April 17, 2013. (ECF No. 30.) However, the court's electronic docket does not reflect that plaintiff filed a corresponding Proof of Service to confirm that he properly served his Second Amended Complaint upon defendants Russell Nuxoll and Janet Sylten ("defendants"). It appears that defendants have not yet been served with the amended pleading.

Pursuant to Federal Rule of Civil Procedure 5(a)(1)(B), plaintiff must serve his amended pleading upon defendants. Accordingly, within 10 days of the date of this order, plaintiff shall mail two copies of his Second Amended Complaint to defendants at their address of record in this case, and shall also file a confirming Proof of Service with the court. Fed.R.Civ.P. 5(b)(2)(C).

Further, the court's order of April 17, 2013, also required plaintiff to file his completed "Consent to/Decline of Jurisdiction of United States Magistrate Judge" form. (ECF No. 30 at 4.) The court's electronic docket reflects that plaintiff has not filed that form to date, despite the passage of the deadline stated in the court's prior order. (Id.) Accordingly, within 10 days of the date of this order, plaintiff shall file his completed "Consent to/Decline of Jurisdiction of United States Magistrate Judge" form. The form is available on the court's electronic docket at Docket Number 13-1.

Plaintiff's failure to timely comply with this order may result in sanctions, including a possible recommendation that this case be dismissed.[2]

IT IS SO ORDERED.


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