Hernandez v. Jordan et al

Filing 55

ORDER REQUIRING Plaintiff to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Obey a Court Order and Failure to Prosecute, and Relieving Defendant of Obligation to File Pretrial Statement 49 FIFTEEN-DAY DEADLINE, signed by District Judge Lawrence J. O'Neill on 11/28/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANGEL H. HERNANDEZ,

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CASE NO. 1:09-cv-00268-LJO-SKO PC

Plaintiff,

ORDER REQUIRING PLAINTIFF TO SHOW
CAUSE WHY ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO OBEY A
COURT ORDER AND FAILURE TO
PROSECUTE, AND RELIEVING
DEFENDANT OF OBLIGATION TO FILE
PRETRIAL STATEMENT

v.
CHRIS JORDAN, et al.,

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Defendants.

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(Doc. 49)

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FIFTEEN-DAY DEADLINE
/

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Plaintiff Angel H. Hernandez, a former prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 11, 2009. This action is set

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for jury trial on March 19, 2013, on Plaintiff’s claims against Defendant Costner for use of excessive

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force, in violation of the Fourteenth Amendment, and for negligence under California law.

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Plaintiff’s claims arise out of events which allegedly occurred at the Kings County Jail in Hanford,

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California in 2007.

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Pursuant to the second scheduling order filed on July 16, 2012, Plaintiff’s pretrial statement

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was due on or before November 5, 2012. Plaintiff has not complied with the order and accordingly,

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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, with prejudice, for failure to obey a

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court order and failure to prosecute;
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2.

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Defendant is relieved of his obligation to file a pretrial statement pending resolution
of this issue; and

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3.

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Plaintiff’s failure to file a response to this order, or Plaintiff’s failure to show good
cause in a response, will result in the dismissal of this action, with prejudice.

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IT IS SO ORDERED.

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Dated:
b9ed48

November 28, 2012

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

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