Herman D. Shead v. Vang et al

Filing 70

ORDER to SHOW CAUSE as to 64 , signed by Magistrate Judge Sheila K. Oberto on 07/31/2012. Show Cause Response due by 8/20/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HERMAN D. SHEAD,

CASE NO. 1:09-cv-00006-AWI-SKO PC

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Plaintiff,

ORDER REQUIRING PLAINTIFF TO SHOW
CAUSE WHY ACTION SHOULD NOT BE
DISMISSED, WITH PREJUDICE

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v.
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C/O VANG,

(Doc. 64)

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Defendant.

FIFTEEN-DAY DEADLINE

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/
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Plaintiff Herman D. Shead, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on January 5, 2009. On January 5, 2012, the

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Court issued the second scheduling order, which required Plaintiff to file his pretrial statement on

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or before July 9, 2012. Plaintiff was warned that the failure to comply may result in dismissal of this

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action. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th

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Cir. 2006). However, Plaintiff has not complied with or otherwise responded to the order.

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Accordingly, it is HEREBY ORDERED that:

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1.

Within fifteen (15) days from the date of service of this order, Plaintiff shall show

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cause why this action should not be dismissed for failure to obey a court order and

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failure to prosecute;

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2.

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Defendant is relieved of his obligation to file a pretrial statement pending further
order; and

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3.

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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:
ie14hj

July 31, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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