Gaston v. Terronez

Filing 57

ORDER to SHOW CAUSE Why Case Should not be DISMISSED for Plaintiff's Failure to Obey a Court Order, signed by Magistrate Judge Gary S. Austin on 05/21/2012. (Show Cause Response (30) Day Deadline)(Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY GASTON,

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Plaintiff,

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vs.
TERRONEZ,

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Defendant.

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1:08-cv-01629-GSA-PC
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
PLAINTIFF'S FAILURE TO OBEY A COURT
ORDER
(Doc. 53.)
THIRTY DAY DEADLINE

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I.

BACKGROUND

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Anthony Gaston (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983. The parties have consented to the jurisdiction of a Magistrate Judge under

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28 U.S.C. §636(c)(1), and therefore the undersigned shall conduct all further proceedings in this case,

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including trial and entry of final judgment. (Docs. 5, 16.)

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On February 28, 2012, the Court issued an order requiring the parties to file status reports within

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sixty days. (Doc. 53.) The sixty day period has now expired, and Plaintiff has not filed a status report

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or otherwise responded to the court's order.

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The court has discretion to impose any and all sanctions authorized by statute or Rule or within

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the inherent power of the Court, including dismissal of an action, based on the plaintiff’s failure to

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comply with a court order. Local Rule 110.

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II.

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ORDER TO SHOW CAUSE
Plaintiff is required to show cause why this case should not be dismissed for Plaintiff's failure

to obey the Court's order.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty days from the date of service of this order, Plaintiff shall file a written

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response to the Court, showing cause why this case should not be dismissed for Plaintiff's

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failure to obey the Court's order of February 28, 2012; and

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2.

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Plaintiff's failure to comply with this order will result in the dismissal of this action
without further notice.

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IT IS SO ORDERED.

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Dated:
6i0kij

May 21, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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