Rapalo v. Lopez, et al.

Filing 10

ORDER to FILE Consent or Decline Form or SHOW CAUSE Why this Action should not be Dismissed for Failure to Prosecute; Twenty Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 1/19/2012. Show Cause Response due by 2/13/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WALTER RAPALO,

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CASE NO. 1:11-cv-01695-LJO-BAM PC
Plaintiff,

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v.

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ORDER TO FILE CONSENT OR DECLINE
FORM OR SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

S. LOPEZ, et al.,
(ECF Nos. 3, 7)

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Defendants.
/ TWENTY DAY DEADLINE

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

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civil rights action pursuant to 42 U.S.C. § 1983. On October 12, 2011, the Court ordered Plaintiff

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to either consent to or decline Magistrate Judge jurisdiction within thirty days. Plaintiff failed to

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comply, and on November 29, 2011, the Court issued a second order requiring Plaintiff to file a

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response within thirty days. More than thirty days have passed, and Plaintiff has not complied with

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or otherwise responded to the Court’s orders.

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Local Rule 110 provides that “failure of counsel or of a party to comply with these Local

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Rules or with any order of the Court may be grounds for the imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court.” Further, the failure of Plaintiff to prosecute

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this action is grounds for dismissal. In re Phenylpropanolamine (PPA) Products Liability Litigation,

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460 F.3d 1217, 1226 (9th Cir. 2006).

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Accordingly, it is HEREBY ORDERED that within twenty (20) days from the date of

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service of this order, Plaintiff shall either (1) complete and return the Order Re Consent or Request

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for Reassignment, a copy of which is attached hereto, or (2) show cause in writing why this action
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should not be dismissed for failure to prosecute.
The failure to respond to this order will result in dismissal of this action, without
prejudice.
IT IS SO ORDERED.
Dated:
10c20k

January 19, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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