Demerson v. Woodford et al

Filing 168

ORDER Requiring Plaintiff To SHOW CAUSE Why Action Should Not Be Dismissed For Failure To Prosecute (Doc. 165 ), Ten-Day Deadline, signed by District Judge Lawrence J. O'Neill on 4/23/2013. Show Cause Response due by 5/3/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD DEMERSON,

CASE NO. 1:08-cv-00144-LJO-SKO PC

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Plaintiff,

ORDER REQUIRING PLAINTIFF TO SHOW
CAUSE WHY ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO PROSECUTE

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v.
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JEANNE S. WOODFORD, et al.,

(Doc. 165)

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Defendants.
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TEN-DAY DEADLINE
/

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Plaintiff Edward Demerson, a former state prisoner proceeding pro, filed this civil rights

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action pursuant to 42 U.S.C. § 1983 on January 29, 2008. This action is proceeding on Plaintiff’s

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second amended complaint, filed on June 24, 2009, against Defendants Phillips, Campos, Amaro,

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Clausing, Bardonnex, Munoz, and Cartagina for using excessive physical force against Plaintiff, and

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against Defendants Munoz, Cartagina, Gregory, and Hillard for acting with deliberate indifference

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toward Plaintiff’s resulting injuries, in violation of the Eighth Amendment of the United States

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Constitution.

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Defendants filed a motion for summary judgment on October 29, 2012, and Plaintiff was

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subsequently granted multiple extensions of time to file an opposition or a statement of non-

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opposition to the motion. The most recent extension of time expired on April 8, 2013, but Plaintiff

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has not filed his response to Defendants’ motion. Plaintiff was released from prison in January 2013,

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and he has had more than ample opportunity to file his response. (Doc. 162.)

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Accordingly, it is HEREBY ORDERED that:

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1.

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Within ten (10) days from the date of service of this order, Plaintiff shall show cause
why this action should not be dismissed, with prejudice, for failure to prosecute; and

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2.

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The failure to respond to this order will result in dismissal of this action, with
prejudice.

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IT IS SO ORDERED.

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Dated:

April 23, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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