Bruce v. Woodford, et al.

Filing 186

ORDER to SHOW CAUSE, signed by Magistrate Judge Barbara A. McAuliffe on 01/12/2015. (21-Day Deadline)(Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

VINCENT C. BRUCE,

12

Plaintiff,

13
14
15
16
17
18

v.
JEANNE WOODFORD, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:07-cv-00269-BAM PC
ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO PROSECUTE OR DEFENDANTS= MOTION
FOR SUMMARY JUDGMENT SHOULD NOT BE
GRANTED FOR PLAINTIFF=S FAILURE TO FILE
OPPOSITION
TWENTY-ONE DAY DEADLINE

Plaintiff Vincent C. Bruce (“Plaintiff”) is a state prisoner proceeding pro se and in forma

19

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s

20

claims against (1) Defendants Adams, Hense, Ward, Clark, Fulks, Wan, Frauenheim, Lloren, Fields

21

and Tripp for retaliation in violation of the First Amendment; (2) Defendants Adams, Hense, Ward,

22

Clark, Fulks, Wan, Lloren, Fields and Tripp for violation of the Due Process Clause of the Fourteenth

23

Amendment; and (3) Defendants Adams, Schottgen and Fields for failing to provide Plaintiff with

24

adequate clothing in violation of the Eighth Amendment.

25

On March 17, 2014, Defendants filed a motion for summary judgment. Plaintiff has been

26

granted several extensions of time to file an opposition to the motion for summary judgment. Most

27

recently, on December 3, 2014, the Court granted Plaintiff a thirty day extension of time to file a

28

response to Defendants’ motion for summary judgment. (ECF No. 184.) Plaintiff’s response was due
1

1

on or before January 5, 2015. Plaintiff has failed to file a timely opposition or a statement of non-

2

opposition to the motion for summary judgment.

3

Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this action should

4

not be dismissed for failure to prosecute or why summary judgment should not be granted in favor of

5

Defendants. Plaintiff is ORDERED to file a written response to this Order to Show Cause within

6

twenty-one (21) days of the date of this Order. Plaintiff may comply with this order by filing his

7

opposition or statement of non-opposition to the motion for summary judgment.

8
9
10

Failure to respond to this Order to Show Cause may result in dismissal of this action for failure
to prosecute or in summary judgment in favor of Defendants due to Plaintiff’s failure to identify a
genuine dispute as to any material fact.

11
12
13
14

IT IS SO ORDERED.
Dated:

/s/ Barbara

January 12, 2015

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2