Jones v. Fresno County Jail

Filing 8

ORDER to FILE Consent or Decline Form OR SHOW CAUSE Why This Action Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 2/10/14. Twenty-One Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LATONIA JONES,

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Plaintiff,
v.
FRESNO COUNTY JAIL,
Defendant.

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Case No.: 1:13-cv-01131-BAM PC
ORDER TO FILE CONSENT OR DECLINE FORM
OR SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO PROSECUTE
(ECF Nos. 4, 7)
TWENTY-ONE DAY DEADLINE

Plaintiff LaTonia Jones (“Plaintiff”) is a former jail inmate proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on July

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22, 2013. On July 23, 2013, the Court ordered Plaintiff to either consent to or decline Magistrate

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Judge jurisdiction within thirty days. (ECF No. 4.) The order was re-served on Plaintiff on September

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10, 2013. Plaintiff failed to comply with the order. Accordingly, on January 2, 2014, the Court issued

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a second order requiring Plaintiff to file a response within thirty days. (ECF No. 7.) More than thirty

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days have passed and Plaintiff has not complied with or otherwise responded to the Court’s orders.

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Local Rule 110 provides that “[f]ailure 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 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 this

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action is grounds for dismissal. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460

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

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Accordingly, it is HEREBY ORDERED that within twenty-one (21) days from the date of
service of this order, Plaintiff shall either:
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which is attached hereto; or

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(2)

show cause in writing why this action should not be dismissed for failure to
prosecute.

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complete and return the Order Re Consent or Request for Reassignment, a copy of

The failure to respond to this order will result in dismissal of this action without

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prejudice.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

February 10, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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