Mitchell v. Pena, et al.

Filing 6

ORDER to SHOW CAUSE why this Action Should not be Dismissed signed by Magistrate Judge Jennifer L. Thurston on 09/11/2011. Show Cause Response due by 9/29/2011. (Flores, 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 JOHN EDWARD MITCHELL, 12 13 Case No. 1:11-cv-01205 JLT (PC) Plaintiff, ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED vs. (Doc. 3) 14 15 PENA, et al., Defendants. 16 / 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 pursuant to 42 U.S.C. § 1983. On July 22, 2011, the Court instructed Plaintiff to complete and return 19 within thirty days the form regarding consent to U.S. Magistrate Judge jurisdiction. (Doc. 3-1.) The 20 thirty-day period has now expired, and Plaintiff has not filed the consent form or otherwise responded 21 to the Court’s order. 22 Accordingly, it is HEREBY ORDERED that within fourteen days from the date of service of 23 this order, Plaintiff shall show cause in writing why this action should not be dismissed based upon his 24 failure to comply with a Court order. In addition, if Plaintiff wishes to continue pursuing his claims in 25 this case, he must complete and return the form regarding consent to U.S. Magistrate Judge jurisdiction. 26 Otherwise, Plaintiff is advised that this action will be dismissed without prejudice. 27 IT IS SO ORDERED. 28 Dated: September 11, 2011 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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