Carter v. Dawson et al

Filing 129

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Comply With Court Order 122 , signed by District Judge Lawrence J. O'Neill on 12/21/11. Fifteen Day Deadline. (Gonzalez, R)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 LON CARTER, CASE NO. 1:07-cv-01325-AWI-BAM PC 5 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER 6 v. 7 NICK DAWSON, et al., (ECF No. 122) 8 Defendants. 9 FIFTEEN DAY DEADLINE / 10 Plaintiff Lon Carter is a state prisoner proceeding pro se in this civil rights action pursuant 11 to 42 U.S.C. § 1983. This action is proceeding on the complaint, filed September 11, 2007, against 12 Defendants Dawson and Mendoza-Powers for unconstitutional conditions of confinement in 13 violation of the Eighth Amendment. On September 15, 2011, Defendants filed a motion for 14 summary judgment. On October 12, 2011, an order issued granting Plaintiff’s motion for an 15 extension of time and ordering that the opposition to the motion for summary judgment be filed 16 within thirty days. More than thirty days have passed and Plaintiff has failed to file an opposition 17 or statement of non-opposition to the motion for summary judgment. 18 Accordingly, it is HEREBY ORDERED that: 19 1. Within fifteen (15) days from the date of service of this order, Plaintiff shall show 20 cause why this action should not be dismissed, with prejudice, for failure to obey the 21 Court’s order; and 22 2. The failure to respond to this order will result in dismissal of this action, with 23 prejudice. 24 IT IS SO ORDERED. 25 26 Dated: b9ed48 December 21, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 27 28 1

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