Zuniga v. Jordan et al

Filing 44

ORDER to SHOW CAUSE signed by Magistrate Judge Barbara A. McAuliffe on 12/5/2011. Show Cause Response due by 12/23/2011. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARRY ZUNIGA,

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CASE NO. 1:09-cv-01208-AWI-BAM PC
Plaintiff,
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED

v.
CHRIS JORDAN, et al.,

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(ECF No. 36)

Defendants.

FIFTEEN-DAY DEADLINE
/

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Plaintiff Larry Zuniga (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 198. This action is proceeding on the complaint,

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filed July 13, 2009, against Defendants Berke, Torres, Henderson, and Jordan for excessive force

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in violation of the Eighth Amendment. This action is currently set for trial on February 28, 2012,

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before the Honorable Anthony W. Ishii. On December 2, 2011, Defendants filed a pretrial statement

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and moved to dismiss this action for Plaintiff’s failure to file a pretrial statement in compliance with

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the Court’s scheduling order.

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On July 15, 2011, a scheduling order issued directing Plaintiff to file a pretrial statement on

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or before November 4, 2011. In the order Plaintiff was advised that failure to file a pretrial statement

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could result in the imposition of sanctions, including dismissal of this action. Plaintiff has failed to

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comply with or otherwise respond to the order. 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, with prejudice, for failure to obey the

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Court’s order; 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.

IT IS SO ORDERED.
Dated:
10c20k

December 5, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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