Duwaine Reese v. K. Robinson et al

Filing 32

ORDER TO SHOW CAUSE by Magistrate Judge Alexander F. MacKinnon. Response to Order to Show Cause due within 20 days from the filing date of this Order. (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DUWAINE REESE,

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Plaintiff,

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Case No. CV 15-05939 DMG (AFM)
ORDER TO SHOW CAUSE

v.

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K. ROBINSON, et al.,
Defendants.

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On March 9, 2017, defendants filed a Motion for Summary Judgment Based

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on Plaintiff’s Failure to Exhaust Administrative Remedies and Notice to Pro Se

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Plaintiff Regarding Requirements for Opposing a Motion for Summary Judgment.

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On March 10, 2017, the Court ordered plaintiff to serve and file his opposition to

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the Motion for Summary Judgment no later than April 8, 2017. Additionally,

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plaintiff was advised that failure to oppose a motion may be construed as consent to

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the granting of the motion, and may result in dismissal of the action. Local Rule 7-

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12.

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defendant’s Notice regarding requirements for opposing a motion for summary

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judgment.

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The Court also directed plaintiff to review and follow the procedures in

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On April 14, 2017, the Court received several mail parcels addressed to

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plaintiff at his address of record and returned as undeliverable with the notation

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“Return to Sender Inmate Paroled.” Previously, on April 28, 2016, plaintiff was

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advised that the Court must immediately be notified of any address changes and

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must provide the Court with the new address and its effective date. Plaintiff’s

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failure to comply with a court order where plaintiff did not receive the order due to

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failure to inform the court of plaintiff’s current address may result in the action

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being dismissed for failure to prosecute. See Carey v. King, 856 F.2d 1439, 1440-

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41 (9th Cir. 1988); Local Civil Rule 41-6. (See Order re Civil Rights Case, ECF

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No. 12.)

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The docket shows that, as late as the date of this Order, plaintiff has not filed

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his opposition to the Motion for Summary Judgment or filed a notice of change of

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address.

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Accordingly, IT IS ORDERED that within 20 days from the filing date of

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this Order, plaintiff shall show cause in writing why this action should not be

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dismissed without prejudice for failure to prosecute.

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admonished that if he fails to timely file a response, the Court will recommend that

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this action be dismissed.

Further, plaintiff is

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DATED: April 28, 2017

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____________________________________
ALEXANDER F. MacKINNON
UNITED STATES MAGISTRATE JUDGE

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