Thomas v. Stanislaus County et al

Filing 40

ORDER REQUIRING PLAINTIFF to SHOW CAUSE why Sanctions Should not be Imposed for Failure to File Pretrial Statement signed by District Judge Anthony W. Ishii on 04/09/2013. Show Cause Response due by 4/29/2013. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

DERRICK J. THOMAS,

10

Plaintiff,

11
12

CASE NO. 1:09-cv-02015-AWI-SKO PC
ORDER REQUIRING PLAINTIFF TO SHOW
CAUSE WHY SANCTIONS SHOULD NOT BE
IMPOSED FOR FAILING TO FILE PRETRIAL
STATEMENT

v.
STANISLAUS COUNTY, et al.,

(Doc. 32)
13

Defendants.
FIFTEEN-DAY DEADLINE

14

/

15
16

Plaintiff Derrick J. Thomas, a prisoner proceeding pro se and in forma pauperis, filed this

17

civil rights action pursuant to 42 U.S.C. § 1983 on November 17, 2009. This action is proceeding

18

on Plaintiff’s amended complaint against Defendants Stanislaus County Board of Supervisors,

19

Stanislaus County Sheriff’s Department, Sheriff Adam Christianson, Policy Manager Gina Leguria,

20

Captain William Duncan, Lieutenants Ronald Lloyd and Gregg Clifton, and Sergeant M. White

21

arising out of their failure to ensure Plaintiff was provided with adequate outdoor exercise, in

22

violation of the Due Process Clause of the Fourteenth Amendment.

23

This matter is set for a telephonic trial confirmation hearing on May 28, 2013, and jury trial

24

on July 9, 2013. Pursuant to the second scheduling order filed on October 2, 2012, Plaintiff’s pretrial

25

statement was due on or before April 1, 2013, and Plaintiff was warned that the failure to comply

26

with the order may result in the imposition of sanctions, including dismissal of the action. Plaintiff

27

did not file a pretrial statement.

28

///
1

1

Accordingly, it is HEREBY ORDERED that:

2

1.

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

3

cause why sanctions should not be imposed against him for failing to file a pretrial

4

statement in compliance with the second scheduling order; and

5

2.

6
7

The failure to comply with this order will result in dismissal of this action, with
prejudice.

IT IS SO ORDERED.

8
9

Dated:
0m8i78

April 9, 2013
SENIOR DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2