Monclova-Chavez v. McEachern et al

Filing 139

ORDER to SHOW CAUSE Why Action should not be Dismissed; ORDER VACATING January 7, 2013 Hearing; Ten-Day Deadline signed by District Judge Anthony W. Ishii on 1/3/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MAXIMILIAN MONCLOVA-CHAVEZ,

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Plaintiff,

1:08-cv-00076-AWI-BAM
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED

v.
ORDER VACATING JANUARY 7, 2013
HEARING

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ERIC McEACHERN, et. al.,
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TEN-DAY DEADLINE
Defendants.

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/

(ECF No. 112)

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Plaintiff Maximilian Monclova-Chavez (“Plaintiff”) is a federal prisoner proceeding in this

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civil rights action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of

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Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). This action is proceeding on the complaint, filed

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January 15, 2008, for two separate incidents of excessive force in violation of the Eighth

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Amendment. The Court has bifurcated the trial of Defendant Tincher from the trial against

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Defendants Miller, White and McEachern. A jury trial for Defendants Miller and White is set for

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February 20, 2013.1 A telephonic trial confirmation hearing for Defendants Miller and White is set

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for January 7, 2013. (ECF Nos. 112, 130).

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Default was entered against Defendant McEachern on December 8, 2010. (ECF No. 72).

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On April 23, 2012, the Court issued a scheduling order requiring the parties to file a joint

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pretrial statement pursuant to Local Rule 281(a)(2). (ECF No. 112). The joint pretrial statement was

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due no later December 31, 2012. The parties failed to comply with or otherwise respond to the

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order. Accordingly, it is HEREBY ORDERED that:

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1.

Within ten (10) days from the date of service of this order, the parties shall show

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cause in writing why this action should not be dismissed for failure to obey the

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Court’s order and for failure to prosecute this action;

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2.

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on January 7, 2013, at 1:30 p.m. is VACATED.
3.

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The jury trial set before the Honorable Anthony W. Ishii on February 20, 2013, at
8:30 a.m. against Defendants Miller and White is VACATED.

4.

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The telephonic trial confirmation hearing set before the Honorable Anthony W. Ishii

The parties are advised that failure to respond to this order will result in dismissal of
this action.

IT IS SO ORDERED.

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Dated:
0m8i78

January 3, 2013
UNITED STATES DISTRICT JUDGE

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