Harbridge v. Yates et al

Filing 21

ORDER to SHOW CAUSE Why the Action Should Not be Dismissed for Failure to Prosecute this Action and for Failure to Obey the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 3/19/12. (Verduzco, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 CHRISTOPHER HARBRIDGE, ) ) Plaintiff, ) ) vs. ) ) JAMES A. YATES, et al., ) ) Defendants. ) _______________________________________) Case No. 1:10-cv-00473 AWI JLT (PC) ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE THIS ACTION AND FOR FAILURE TO OBEY THE COURT’S ORDER (Doc. 20) 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. 19 By order filed February 24, 2012, the Court granted Plaintiff 20 days either to file a second 20 amended complaint curing the deficiencies identified by the Court in its February 24, 2012 and January 21 27, 2012 orders or to notify the Court that he wished to serve the First Amended Complaint on 22 Defendants Trimble, Williams, Brown, Reeves, Redding, Franco, Lee, Tucker, and Dishman, as set forth 23 in the Court’s January 27, 2012 order. Plaintiff was warned that failure to comply with the Court’s order 24 would result in a recommendation that this action be dismissed. Nevertheless, the 20-day period has 25 expired, and Plaintiff has failed to respond to the Court’s order. 26 Accordingly, it is HEREBY ORDERED: 27 1. 28 Within 14 days from the date of service of this order, Plaintiff shall show cause in writing why this action should not be dismissed for failure to prosecute or follow the Court’s 1 1 2 Order, or; 2. Alternatively, Plaintiff shall either file a second amended complaint curing the 3 deficiencies identified by the Court in its February 24, 2012 and January 27, 2012 orders 4 or notify the Court that he wishes to serve only the Defendants named above as described 5 by the Court in its January 27, 2012 order. 6 7 3. Plaintiff is firmly cautioned that failure to comply with this order will result in a recommendation that this action be dismissed. 8 IT IS SO ORDERED. 9 Dated: March 19, 2012 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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