Crane v. Yates et al

Filing 71

ORDER To SHOW CAUSE Why Action Should Not Be Dismissed, signed by District Judge Lawrence J. O'Neill on 4/16/2013. Show Cause Hearing set for 5/9/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill.(Fahrney, E)

1

UNITED STATES DISTRICT COURT

2
EASTERN DISTRICT OF CALIFORNIA
3
4

JAMES CRANE,

5

Plaintiff,

6

1:10cv02373 LJO DLB PC
ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE DISMISSED

v.

7

JAMES A. YATES, et al.,

8

Defendants.

Order to Show Cause Hearing:
May 9, 2013
8:30 a.m.
Courtroom 4 (LJO)

9
Plaintiff James Crane (“Plaintiff”) is a California state prisoner proceeding pro se and in

10
11

forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on

12

Plaintiff’s Eighth Amendment excessive force claim against Defendant Aguirre. The telephonic trial

13

confirmation hearing is set for May 9, 2013, and trial is currently set for June 18, 2013.

14

On January 8, 2013, the Court issued a Second Scheduling Order directing Plaintiff to

15

File his pretrial statement on or before April 11, 2013. To date, Plaintiff has failed to comply.
Accordingly, Plaintiff shall show cause by WRITTEN response on or before April 25, 2013,

16
17

to this Order To Show Cause why this action should not be dismissed, with prejudice, for failure to

18

obey the Court’s order and for failure to prosecute. Whether the hearing on May 9, 2013, at

19

8:30 a.m. in Courtroom 4 (LJO) and/or the trial will go forward as scheduled will depend on the

20

response, if any. If a response, if any, does not show GOOD CAUSE, the matter will be dismissed.

21

At this point, the simple filing of the overdue pretrial statement will not be sufficient to get beyond

22

the needed good cause to avoid dismissal.

23
24
25

IT IS SO ORDERED.
Dated:

26

/s/ Lawrence J. O’Neill

April 16, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

27
28

b9ed48bb
1