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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DUWAINE REESE, 12 Plaintiff, 13 Case No. CV 15-05939 DMG (AFM) ORDER TO SHOW CAUSE v. 14 15 K. ROBINSON, et al., Defendants. 16 17 18 On March 9, 2017, defendants filed a Motion for Summary Judgment Based 19 on Plaintiff’s Failure to Exhaust Administrative Remedies and Notice to Pro Se 20 Plaintiff Regarding Requirements for Opposing a Motion for Summary Judgment. 21 On March 10, 2017, the Court ordered plaintiff to serve and file his opposition to 22 the Motion for Summary Judgment no later than April 8, 2017. Additionally, 23 plaintiff was advised that failure to oppose a motion may be construed as consent to 24 the granting of the motion, and may result in dismissal of the action. Local Rule 7- 25 12. 26 defendant’s Notice regarding requirements for opposing a motion for summary 27 judgment. 28 The Court also directed plaintiff to review and follow the procedures in 1 On April 14, 2017, the Court received several mail parcels addressed to 2 plaintiff at his address of record and returned as undeliverable with the notation 3 “Return to Sender Inmate Paroled.” Previously, on April 28, 2016, plaintiff was 4 advised that the Court must immediately be notified of any address changes and 5 must provide the Court with the new address and its effective date. Plaintiff’s 6 failure to comply with a court order where plaintiff did not receive the order due to 7 failure to inform the court of plaintiff’s current address may result in the action 8 being dismissed for failure to prosecute. See Carey v. King, 856 F.2d 1439, 1440- 9 41 (9th Cir. 1988); Local Civil Rule 41-6. (See Order re Civil Rights Case, ECF 10 No. 12.) 11 The docket shows that, as late as the date of this Order, plaintiff has not filed 12 his opposition to the Motion for Summary Judgment or filed a notice of change of 13 address. 14 Accordingly, IT IS ORDERED that within 20 days from the filing date of 15 this Order, plaintiff shall show cause in writing why this action should not be 16 dismissed without prejudice for failure to prosecute. 17 admonished that if he fails to timely file a response, the Court will recommend that 18 this action be dismissed. Further, plaintiff is 19 20 DATED: April 28, 2017 21 22 23 ____________________________________ ALEXANDER F. MacKINNON UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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