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.

1 ________________________(Full Name) 2 ________________________(Address Line 1) 3 ________________________(Address Line 2) 4 ________________________(Phone Number) 5 ________________ in Pro Per (indicate Plaintiff or Defendant) 6

7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 Case No.: ____________________ 11 ________________________,

12 Plaintiff,

APPLICATION FOR ENTRY OF

13 vs. DEFAULT AGAINST: 14 ________________________ _______________________________ 15 ________________________ _______________________________ 16 ________________________ _______________________________ 17 ________________________ _______________________________ 18 ________________________, _______________________________ 19 Defendant(s). _______________________________

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21 To the Clerk of the United States District Court for the Central District of 22 California: 23 24 As provided by Rule 55 of the Federal Rules of Civil Procedure, Plaintiff 25 (your name) requests that the Clerk enter 26 27 the default of the following Defendant(s) for failure to plead or otherwise defend 28 against this action in a timely manner: Name of Defendant: 1 2 1) As evidenced by the proof of service on file with this Court, the above- 3 named Defendant was served pursuant to Rule 4 of the Federal Rules of Civil 4 5 Procedure on (date) . 6 2) The applicable time limit for the above-named Defendant to appear or 7 8 otherwise respond to this action expired on (date) . 9

10 Name of Defendant: 11 12 1) As evidenced by the proof of service on file with this Court, the above- 13 named Defendant was served pursuant to Rule 4 of the Federal Rules of Civil 14 15 Procedure on (date) . 16 2) The applicable time limit for the above-named Defendant to appear or 17 otherwise respond to this action expired on (date) . 18 19 20 Name of Defendant: 21 22 1) As evidenced by the proof of service on file with this Court, the above- 23 named Defendant was served pursuant to Rule 4 of the Federal Rules of Civil 24 25 Procedure on (date) . 26 2) The applicable time limit for the above-named Defendant to appear or 27 otherwise respond to this action expired on (date) . 28 1 The above-named Defendants have failed to plead or otherwise respond to 2 the complaint. 3 This request is based on the attached Declaration of Plaintiff. 4 5 DATED: ____________________ Respectfully submitted, 6 ______________________________ 7 (sign) 8 ______________________________ 9 (print name)

10 Plaintiff in Pro Per

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DECLARATION OF PLAINTIFF

1 2 I, (name) , declare as follows: 3 1. I am the Plaintiff in this action. If called as a witness, I could and 4 5 would competently testify thereto. 6 2. Defendant (name) was served pursuant 7 8 to Rule 4 of the Federal Rules of Civil Procedure on (date) , 9 as evidenced by the proof of service on file with this Court. 10 3. Under Rule 12, Defendant (name) was 11 12 required to plead or otherwise respond to the complaint by (date) . 13 The time to plead or otherwise respond to the complaint has not been extended by 14 15 any agreement of the parties or any order of the Court. 16 4. Defendant (name) has failed to serve or 17 file a pleading or otherwise respond to the complaint. The applicable time limit for 18 19 responding to the complaint has expired. 20 5. Defendant (name) is not a minor or 21 22 an incompetent person. 23 6. Defendant (name) is not currently in 24 25 the military service, and therefore the Servicemembers Civil Relief Act does not 26 apply. 27

28 (If you are trying to default multiple Defendants, you should make a copy of this page and fill it 1 out for each Defendant.) 2 ¶#___. Defendant (name) was served pursuant 3 4 to Rule 4 of the Federal Rules of Civil Procedure on (date) , 5 as evidenced by the proof of service on file with this Court. 6 7 ¶#___. Under Rule 12, Defendant (name) was 8 required to plead or otherwise respond to the complaint by (date) . 9 The time to plead or otherwise respond to the complaint has not been extended by 10 11 any agreement of the parties or any order of the Court. 12 ¶#___. Defendant (name) has failed to serve or 13 14 file a pleading or otherwise respond to the complaint. The applicable time limit for 15 responding to the complaint has expired. 16 ¶#___. Defendant (name) is not a minor or 17 18 an incompetent person. 19 ¶#___. Defendant (name) is not currently in 20 21 the military service, and therefore the Servicemembers Civil Relief Act does not 22 apply. 23 // 24 25 // 26 // 27 28 // 1 ¶#___. I have attached to this declaration a true and correct copy of the 2 proofs of service on file with this Court for the above-named Defendants. 3 I declare under penalty of perjury that the foregoing is true and correct. 4 5 Executed on __________________, in _____________________________. (date of signing) (city, state of signing) 6 7 ______________________________ (sign) 8 ______________________________ 9 (print name)

10 Plaintiff in Pro Per 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE BY MAIL

1

2 On , I served the documents described as: 3 (date of mailing)

4 1. Application for Entry of Default

5 2. Declaration of Plaintiff

6 __________________________________________________________________ 7 (list the names of any other documents you are mailing) 8 __________________________________________________________________

9 __________________________________________________________________

10 __________________________________________________________________ 11 12 on all interested parties in this action by placing a true and correct copy thereof in 13 a sealed envelope, with first-class postage prepaid thereon, and deposited said

14 envelope in the United States mail at or in ____________________________, (city and state of mailing) 15 addressed to: 16 __________________________ (name) _______________________________________ (name) 17 __________________________ (address) _______________________________________ (address) 18

__________________________ (address) _______________________________________ (address) 19 __________________________ (address) _______________________________________ (address)

20 21 I declare under penalty of perjury that the foregoing is true and correct. 22 Executed on ___________________ at ____________________________. 23

(date) (city and state of signing)

24 ____________________________ 25 (sign)

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

27 28