Yanga v. Eastman

8:19-cv-00420 | D. Neb. | May 20, 2021

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA EMMANUEL S. YANGA, Plaintiff, 8:19CV420 vs. SHOW CAUSE ORDER EASTMAN, correctional officers at state prison of Nebraska, in their individual and official capacities; M. SPAINHOWER, correctional officers at state prison of Nebraska, in their individual and official capacities; PETER, correctional officers at state prison of Nebraska, in their individual and official capacities; WESSEL, correctional officers at state prison of Nebraska, in their individual and official capacities; SCHAFFER, correctional officers at state prison of Nebraska, in their individual and official capacities; and PATIDA, correctional officers at state prison of Nebraska, in their individual and official capacities;

Defendants. This action was filed on September 23, 2019. (Filing No. 1.) A Memorandum and Order was entered on February 11, 2021, ordering that Plaintiff complete service of process by May 12, 2021. (Filing No. 28.) To date, Plaintiff has not filed any return of service indicating service on two defendants, specifically, Defendant “M. Spainhower” and Defendant “Peter,” nor have these Defendants entered appearances.

Accordingly, IT IS ORDERED that by or before June 10, 2021, Plaintiff shall show cause why this action should

not be dismissed against Defendant “M. Spainhower” and Defendant “Peter” for lack of prosecution. Failure to comply with this Order may result in the dismissal of these defendants without further notice.

Dated this 20 th day of May, 2021. BY THE COURT: s/ Susan M. Bazis United States Magistrate Judge