Gregorio Funtanilla v. Williams et al

Filing 40

ORDER to SHOW CAUSE, signed by Magistrate Judge Dennis L. Beck on 9/13/12. 21-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORIO FUNTANILLA, JR.,

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Plaintiff,
v.

Case No. 1:10-cv-01624-LJO-DLB PC
ORDER TO SHOW CAUSE
ECF Nos. 24, 39

ROMAN W. WILLIAMS, et al.,

RESPONSE DUE WITHIN TWENTY-ONE
DAYS

Defendants.

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Plaintiff Gregorio Funtanilla, Jr. (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this civil

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action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s first amended

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complaint against Defendants Roman W. Williams, Jesuit S. Manson, K. Turner, D. Ibarra, O. A.

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Ybarra, M.A. Baires, J. Lias, R. Gomez, Nola Grannis, Angela Romanello, Kelly Santoro, Derral G.

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Adams, and Ken Clark for violation of the Free Exercise Clause of the First Amendment and the

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Religious Land Use and Institutionalized Persons Act of 2000. On March 22, 2012, Plaintiff was

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instructed with service of process and directed to effect service on these thirteen Defendants within

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120 days. ECF No. 24.

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On April 26, 2012, a summons was returned executed on Defendant Roman Williams. ECF

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No. 39. As of the date of this order, no indication of service has been submitted as to the other

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twelve Defendants. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, defendants must

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be served within 120 days. Additionally, Defendant Williams, despite being allegedly served with
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process personally on April 12, 2012, did not file a responsive pleading as required by Rule 12(a)(1)

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of the Federal Rules of Civil Procedure. Plaintiff however has not further prosecuted this action.

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Failure to prosecute may result in dismissal of Plaintiff’s claims against Defendant Williams. Fed.

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R. Civ. P. 41(b).

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Accordingly, it is HEREBY ORDERED that Plaintiff is to show cause within twenty-one

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(21) days why this action should not be dismissed for failure to prosecute as to Defendant Williams

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and for failure to effect service of process as to the other twelve Defendants. Failure to timely

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respond or otherwise show cause will result in dismissal of this action for failure to obey a court

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order.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

September 13, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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