Tubach v. Brown et al
ORDER to SHOW CAUSE, signed by Magistrate Judge Sandra M. Snyder on 02/18/2014. (15) Day Deadline (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:13-cv-00089-AWI-SMS (PC)
JERRY BROWN, Governor, et al.,
ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO OBEY A COURT
RESPONSE DUE WITHIN FIFTEEN (15) DAYS
Plaintiff Isabel Tubach (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the
Complaint in this action on January 18, 2013. Doc. 1.
In the Complaint, Plaintiff alleged that she was sexually abused and harassed in violation
of the Eighth Amendment. The complaint failed to state specific factual details and the dates of
the occurrences of which Plaintiff complains. The majority of the allegations are legal
conclusions rather than detailed factual allegations.
On January 6, 2014, the Court ordered Plaintiff to submit within thirty (30) days a more
definite statement of facts so that the Court could screen the Complaint in compliance with 28
U.S.C. § 1915A. Doc. 9. The order warned Plaintiff that failure to comply as directed might
result in the dismissal of this action under Rule 41(b) of the Federal Rules of Civil Procedure
without further notice. Although more than thirty days have passed, Plaintiff has neither provided
a more definite statement of facts, requested an extension of time to comply, nor responded to the
Court’s order in any other way.
The Court has discretion to impose any and all sanctions authorized by statute or Rule or
within the inherent power of the Court, including dismissal of an action, based on Plaintiff’s
failure to comply with a court order. Fed. R. Civ. P. 11; Local Rule 110.
Accordingly, the Court HEREBY ORDERS that:
1. within fifteen (15) days from the date of service of this order, Plaintiff shall file a
written response to the Court, showing cause why this case should not be dismissed
for Plaintiff's failure to obey the Court’s order of January 6, 2014; and
2. Plaintiff's failure to comply with this order will result in the dismissal of this action
without further notice.
IT IS SO ORDERED.
/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE
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