Demerson v. Woodford et al

Filing 176

ORDER REQUIRING Plaintiff to SHOW CAUSE Why Action should not be Dismissed, with Prejudice, for Failure to File Pretrial Statement; Seven-Day Deadline signed by District Judge Lawrence J. O'Neill on 11/12/2013. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 EDWARD DEMERSON, 10 Plaintiff, 11 v. 12 JEANNE S. WOODFORD, et al., 13 Defendants. 14 Case No. 1:08-cv-00144-LJO-SKO PC ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO FILE PRETRIAL STATEMENT (Doc. 174) SEVEN-DAY DEADLINE 15 _____________________________________/ 16 Plaintiff Edward Demerson, a former state prisoner proceeding pro, filed this civil rights 17 18 action pursuant to 42 U.S.C. § 1983 on January 29, 2008. Jury trial is set for February 11, 2014. 19 Pursuant to the second scheduling order filed on July 22, 2013, Plaintiff’s pretrial statement was 1 20 due on or before November 8, 2013, but Plaintiff failed to comply with the order. Accordingly, Plaintiff is HEREBY ORDERED to show cause within seven (7) days from 21 22 the date of service of this order why this action should not be dismissed, with prejudice, as a 23 sanction against him for failing to obey a court order and failing to prosecute this action. The 24 /// 25 /// 26 /// 27 28 1 Plaintiff is no longer incarcerated and may not rely upon the prison mailbox rule to meet filing deadlines. Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009). 1 2 failure to comply with this order, or the failure to show good cause, will result in dismissal of 3 this action, with prejudice. 4 5 6 7 IT IS SO ORDERED. Dated: 8 /s/ Lawrence J. O’Neill November 12, 2013 UNITED STATES DISTRICT JUDGE 9 10 DEAC_Signature-END: b9ed48bb 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?