Free Order to Show Cause - District Court of Colorado - Colorado

Case 1:00-cv-00496-ZLW-BNB

Document 156

Filed 12/14/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 00-cv-0496-ZLW-BNB JONATHAN T. GARRETT, Plaintiff, v. G.L. HERSHBERGER, S.M. ROWLETT and 1 OR MORE UNKNOWN OFFICIALS AND/OR OFFICERS AT USP-ADX FLORENCE, CO., Defendants.

ORDER TO SHOW CAUSE

Pursuant to 28 U.S.C. § 636(b) and D.C.COLO.LCivR 72.1, this matter was referred to Magistrate Judge Boyd N. Boland, who recommended on September 12, 2005, that Defendants' Motion For Summary Judgment filed on behalf of Defendants G.L. Hershberger and S.M. Rowlett be granted and that judgment of dismissal enter in favor of Defendants Hershberg and Rowlett and against Plaintiff. No objections have been filed to the Recommendation. It further appears from the file in the above matter that this Prisoner's Civil Rights Complaint was filed on March 7, 2000, and that no service has been made upon Defendant "1 or More Unknown Officials And/or Officers at USP-ADX Florence, Co." Therefore, it is

Case 1:00-cv-00496-ZLW-BNB

Document 156

Filed 12/14/2005

Page 2 of 2

ORDERED that Plaintiff show cause, in writing, on or before December 30, 2005, why this Complaint and cause of action should not be dismissed as to Defendant "1 or More Unknown Officials And/or Officers at USP-ADX Florence, Co." for failure to prosecute. See D.C.COLO.LCivR 41.1. In the event that such showing is not made, on January 6, 2006, the Complaint and cause of action will be dismissed without prejudice as to the unnamed Defendant or Defendants for failure to prosecute. DATED at Denver, Colorado, this 14 day of December, 2005. BY THE COURT:

_________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court