Serrano v. Rawers et al

Filing 66

ORDER discharging 64 Order to Show Cause signed by Magistrate Judge Michael J. Seng on 8/24/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE L. SERRANO,

CASE NO. 1:11-cv-00399-MJS (PC)

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Plaintiff,

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ORDER DISCHARGING
SHOW CAUSE

ORDER

TO

v.
(ECF No. 64)
SCOTT RAWERS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 8.) This action

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proceeds on Plaintiff’s First Amended Complaint (ECF No. 6.) against Defendant Lucas

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for violation of Plaintiff’s Eighth Amendment rights. (ECF Nos. 11 & 12.)

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On May 4, 2015, the Court issued a second scheduling order, requiring Plaintiff to

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file and serve a pretrial statement on or before August 6, 2015. (ECF No. 48.) The

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deadline for Plaintiff to file a pretrial statement passed without Plaintiff filing his

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statement or seeking an extension of time to do so.

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Accordingly, on August 14, 2015, the Court ordered Plaintiff to show cause why

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the action should not be dismissed with prejudice for failure to obey a court order or to

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file his pretrial statement. (ECF No. 64.) Shortly thereafter, Plaintiff’s pretrial statement

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was docketed. (ECF No. 65.)
Based on the foregoing, the order to show cause (ECF No. 64) is HEREBY
DISCHARGED.

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IT IS SO ORDERED.

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Dated:

August 24, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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