Gregorio Funtanilla v. Williams et al

Filing 43

ORDER to SHOW CAUSE Within Twenty-One Days Why this Action should not be Dismissed for Failure to Prosecute as to Defendant Williams signed by Magistrate Judge Dennis L. Beck on 2/11/2013. (Sant Agata, S)

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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,

Case No. 1:10-cv-01624-LJO-DLB PC
ORDER TO SHOW CAUSE REGARDING
FAILURE TO PROSECUTE

v.
ROMAN W. WILLIAMS, et al.,
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. Defendant Williams, despite being allegedly served with process personally on April 12,

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2012, did not file a responsive pleading as required by Rule 12(a)(1) of the Federal Rules of Civil

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Procedure. Plaintiff however has not further prosecuted this action. Failure to prosecute may result
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in dismissal of Plaintiff’s claims against Defendant Williams. Fed. 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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Failure to timely respond or otherwise show cause will result in dismissal of this action against

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Defendant Williams for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

February 11, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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