Diaz v. Vasquez, et al.

Filing 21

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MIGUEL ENRIQUE DIAZ, 10 11 12 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) 13 Defendants. RESPONSE TO ORDER TO SHOW CAUSE DUE WITHIN THIRTY DAYS 14 / 15 16 Plaintiff Miguel Enrique Diaz (“Plaintiff”) is a state prisoner proceeding pro se in this civil 17 rights action pursuant to 42 U.S.C. § 1983. On May 14, 2012, the Court ordered Plaintiff to submit 18 a signed application to proceed in forma pauperis or pay the filing fee within forty-five days. More 19 than forty-five days have passed, and Plaintiff has not complied with or otherwise responded to the 20 Court’s order. 21 Local Rule 110 provides that “failure of counsel or of a party to comply with these Local 22 Rules or with any order of the Court may be grounds for the imposition by the Court of any and all 23 sanctions . . . within the inherent power of the Court.” Further, the failure of Plaintiff to prosecute 24 this action is grounds for dismissal. In re Phenylpropanolamine (PPA) Products Liability Litigation, 25 460 F.3d 1217, 1227 (9th Cir. 2006). 26 Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of service 27 of this order, Plaintiff shall show cause in writing why this action should not be dismissed for failure 28 to obey a court order. 1 1 2 The failure to respond to this order will result in dismissal of this action, without prejudice. 3 4 5 IT IS SO ORDERED. Dated: i1eed4 January 9, 2013 /s/ Stanley A. Boone UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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