Thornton v. Perez et al

Filing 20

ORDER To SHOW CAUSE Re Dismissal For Failure To Prosecute (Doc. 19 ), signed by Magistrate Judge Jennifer L. Thurston on 11/16/2012. Show Cause Response due by 12/6/2012. (Fahrney, E)

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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 WILLIAM THORNTON, 12 Plaintiff, 13 14 Case No. 1:11-cv-01136 JLT (PC) ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE v. SONNY PEREZ, et al., 15 (Doc. 19) Defendants. 16 17 Plaintiff William Thornton (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On October 17, 2012, the Court 19 issued an order directing Plaintiff within thirty days to file a Third Amended Complaint or notify 20 the Court of his willingness to proceed on those claims found to be cognizable in his Second 21 Amended Complaint. Plaintiff was served with the Court’s order on October 17, 2012. Despite 22 the Court’s order and warning, Plaintiff has failed to amend his complaint or notify the Court of 23 willingness to proceed on cognizable claims as ordered. 24 Accordingly, it is HEREBY ORDERED: 25 1. 26 27 28 Within 14 days from the date 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 Order; 2. Alternatively, Plaintiff SHALL, within the same 14 day period, file with the Court an amended pleading or notice of wiliness as previously ordered; 1 1 Plaintiff is cautioned that if he fails to comply with this order, the Court will dismiss his 2 matter. 3 4 5 6 7 8 9 IT IS SO ORDERED. Dated: November 16, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 9j7khijed 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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