Fields v. Roberts

Filing 72

ORDER REQUIRING Plaintiff to SHOW CAUSE Why Defendant Neubarth should not be Dismissed from this Action for Plaintiff's Failure to Prosecute Against him; Thirty Day Deadline signed by Magistrate Judge Gary S. Austin on 1/5/2012. Show Cause Response due by 2/7/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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Plaintiff,

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1:06-cv-00407-AWI-GSA-PC
ORDER REQUIRING PLAINTIFF TO SHOW
CAUSE WHY DEFENDANT NEUBARTH
SHOULD NOT BE DISMISSED FROM THIS
ACTION FOR PLAINTIFF'S FAILURE TO
PROSECUTE AGAINST HIM

v.
P. ROBERTS, et al.,

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Defendants.

THIRTY DAY DEADLINE
/

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I.

RELEVANT PROCEDURAL HISTORY

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Kevin E. Fields (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on April 10, 2006. (Doc. 1.)

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This action now proceeds with the Fifth Amended Complaint filed by Plaintiff on June 24, 2010,

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against defendant P. Roberts for retaliation against Plaintiff from February 28, 2006 to March 15,

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2006, and against defendant Jeff Neubarth for deliberate indifference.1 (Doc. 51.)

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On May 28, 2011, the Court issued an order directing the Marshal to serve process upon

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Defendants Roberts and Neubarth. (Doc. 59.) On October 3, 2011, the Court received a USM-

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285 form from the Marshal indicating that personal service was effected upon Defendant

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Neubarth on September 23, 2011, giving Defendant Neubarth twenty-one days in which to file an

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The remaining claims against defendant Roberts were dismissed from this action by the Court on March
17, 2011, based on Plaintiff’s failure to state a claim upon which relief could be granted. (Doc. 56.)

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answer or motion under Rule 12 in response to Plaintiff’s complaint. More than three months

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have passed, and Defendant Neubarth has not filed an answer, a motion under Rule 12, or any

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other response to Plaintiff’s complaint. (See Court Docket.) Plaintiff has not filed a motion

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under Rule 55. Id.

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II.

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ORDER TO SHOW CAUSE
Within thirty days from the date of service of this order, Plaintiff shall show cause why

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Defendant Neubarth should not be dismissed from this action for Plaintiff’s failure to prosecute

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against him.

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In accordance with the above, IT IS HEREBY ORDERED that:
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Within thirty days from the date of service of this order, Plaintiff shall file a

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written response to the Court, showing cause why Defendant Dr. Jeff Neubarth

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should not be dismissed from this action for Plaintiff’s failure to prosecute against

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him; and

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2.

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Plaintiff's failure to comply with this order shall result a recommendation that this
action be dismissed.

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IT IS SO ORDERED.
Dated:
6i0kij

January 5, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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