Diaz v. Vasquez, et al.
Filing
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ORDER to SHOW CAUSE as to Why Action Should Not Be Dismissed for Failure to Comply With a Court Order, signed by Magistrate Judge Stanley A Boone on 1/9/2013. Show Cause Response due within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MIGUEL ENRIQUE DIAZ,
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CASE NO. 1:12-cv-00732-SAB PC
Plaintiff,
ORDER TO SHOW CAUSE AS TO WHY
ACTION SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH A COURT
ORDER
v.
CAPTAIN VASQUEZ, et al.,
(ECF No. 7)
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Defendants.
RESPONSE TO ORDER TO SHOW CAUSE
DUE WITHIN THIRTY DAYS
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/
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Plaintiff Miguel Enrique Diaz (“Plaintiff”) is a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. On May 14, 2012, the Court ordered Plaintiff to submit
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a signed application to proceed in forma pauperis or pay the filing fee within forty-five days. More
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than forty-five days have passed, and Plaintiff has not complied with or otherwise responded to the
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Court’s order.
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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, 1227 (9th Cir. 2006).
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Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of service
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of this order, Plaintiff shall show cause in writing why this action should not be dismissed for failure
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to obey a court order.
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The failure to respond to this order will result in dismissal of this action, without
prejudice.
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IT IS SO ORDERED.
Dated:
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January 9, 2013
/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE
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