Tubach v. Guzman et al

Filing 9

ORDER to SHOW CAUSE Why this Action should not be Dismissed for Plaintiff's Failure to Obey a Court Order; Show Cause Response due Within Twelve (12) Days signed by Magistrate Judge Sandra M. Snyder on 9/13/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:13-cv-00200-SMS (PC)
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ISABEL TUBACH,

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Plaintiff,

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v.

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GUZMAN, et al.,

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ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO OBEY A COURT
ORDER
(ECF Nos. 8)

Defendants.

RESPONSE DUE WITHIN TWELVE (12) DAYS

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Plaintiff Isabel Tubach (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the

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Complaint in this action on February 8, 2013. (ECF No. 1.) In the Complaint, Plaintiff appears

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to allege that she is being sexually abused and harassed in violation of the Eighth Amendment,

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though she does not identify any specific constitutional right that she feels was violated. In

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addition, Plaintiff failed to state the dates of the occurrences of which she complains and merely

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stated many conclusions rather than detailed factual allegations.

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Thus, on August 15, 2013, orders issued requiring Plaintiff to submit a more definite

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statement of facts, within thirty (30) days, to enable the Court to screen the Complaint in
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compliance with 28 U.S.C. § 1915A. (ECF No. 8.) That same order indicated that Plaintiff’s

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failure to comply as directed may result in the dismissal of this action under Rule 41(b) of the

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Federal Rules of Civil Procedure without further notice. (Id.) More than thirty days have now

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passed and Plaintiff has neither provided the more definite statement of facts; nor has she
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requested an extension of time to comply, or otherwise responded to the Court’s order.
The Court has discretion to impose any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court, including dismissal of an action, based on Plaintiff’s

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failure to comply with a court order. Fed. R. Civ. P. 11; Local Rule 110.

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Accordingly, it is HEREBY ORDERED that:
1. Within twelve (12) days from the date of service of this order, Plaintiff shall file a

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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 August 15, 2013; 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.
DATED: 9/13/2013

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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