Dynes v. Medina, et al
Filing
52
ORDER REQUIRING PLAINTIFF to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to File Pretrial Statement re 39 Scheduling Order, signed by Magistrate Judge Gary S. Austin on 1/20/2010. Show Cause Response due by 2/8/2010. (Jessen, A)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff John Ray Dynes, 16 a prisoner proceeding pro se and in forma pauperis. Plaintiff is currently incarcerated at the Fresno 17 County Jail. This action is proceeding on Plaintiff's amended complaint, filed April 24, 2008, 18 against Defendants Medina and Williams for use of excessive physical force, in violation of the 19 Eighth Amendment. Plaintiff's claim arises from an incident which occurred while he was 20 incarcerated at Kern Valley State Prison. This matter is set for a telephonic trial confirmation 21 hearing on February 24, 2010, and jury trial on March 15, 2010. 22 Pursuant to the Court's second scheduling order, filed on August 24, 2009, Plaintiff's pretrial 23 statement was due on January 4, 2010. Plaintiff was warned that the failure to file his pretrial 24 statement may result in the imposition of sanction, including dismissal of this action. To date, 25 Plaintiff has not filed a pretrial statement. 26 /// 27 /// 28 1 v. C/O JUAN MEDINA, et al., (Doc. 39) Defendants. FIFTEEN-DAY DEADLINE / JOHN RAY DYNES, Plaintiff, CASE NO. 1:08-cv-00136-GSA PC ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO FILE PRETRIAL STATEMENT
UNITED STATES DISTRICT COURT
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Accordingly, it is HEREBY ORDERED that: 1. Plaintiff has fifteen (15) days from the date of service of this order within which to show cause, in writing, why this action should not be dismissed, with prejudice, based on his failure to file his pretrial statement; and 2. The failure to respond to this order will result in dismissal of this action, with prejudice.
IT IS SO ORDERED. Dated: 6i0kij
January 20, 2010
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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