Hazelline v. Tuolumne County, et al

Filing 18

ORDER To SHOW CAUSE Why This Action Should Not Be Dismissed For Failure To Prosecute, signed by Magistrate Judge Jennifer L. Thurston on 11/30/2010. Show Cause Response due by 12/23/2010. (Fahrney, E)

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(PC) Hazeltine v. Tuolumne County, et al Doc. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. ________________________________/ Plaintiff is a civil detainee proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed August 31, 2010, the Court directed Plaintiff to, within thirty days, either file an amended complaint curing the deficiencies identified by the Court in its order or notify the Court that he wishes to proceed only against Defendants Carroll, Giannini, and Lackey for the use of excessive force in violation of the Fourteenth Amendment. Plaintiff was warned that failure to comply with the Court's order would result in a recommendation that this action be dismissed. Nevertheless, the thirty day period has expired, and Plaintiff has failed to respond to the Court's order. Accordingly, it is HEREBY ORDERED that within twenty-one (21) days from the date of this order, Plaintiff shall show cause in writing why this action should not be dismissed for failure to prosecute. In addition, Plaintiff shall either file an amended complaint curing the deficiencies identified by the Court in its August 31, 2010 order or notify the Court that he wishes to proceed 1 vs. TUOLUMNE COUNTY BOARD OF SUPERVISORS, et al., RICK A. HAZELTINE, Plaintiff, Case No. 1:04-cv-06712 LJO JLT (PC) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 only on the claims found cognizable by the Court in its August 31, 2010 order. Plaintiff is firmly cautioned that failure to comply with this order will result in a recommendation that this action be dismissed. IT IS SO ORDERED. Dated: November 30, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 2

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