Paris v. Singh

Filing 34

ORDER DISCHARGING 32 ORDER TO SHOW CAUSE signed by Magistrate Judge Michael J. Seng on 11/27/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL ERIC PARIS,

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Plaintiff,

CASE NO. 1:14-cv-00391-MJS (PC)
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(ECF No. 32)
IKWINDER SINGH,
Defendant.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this

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civil rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendant Singh on Plaintiff’s Eighth Amendment claim for inadequate medical care.

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The parties have consented to Magistrate Judge jurisdiction for all purposes pursuant to

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28 U.S.C. § 636(c).

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On September 9, 2016, Defendant filed a motion for summary judgment. (ECF

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No. 30.) Plaintiff failed to file an opposition. On October 24, 2016, the Court ordered

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Plaintiff to file an opposition or statement of non-opposition within twenty-one days. (ECF

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No. 31.) The twenty-one day deadline passed without Plaintiff either filing an opposition

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or statement of non-opposition, or seeking an extension of time to do so. On November

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21, 2016, the Court ordered Plaintiff to show cause why the action should not be

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dismissed for failure to obey a court order and failure to prosecute. (ECF No. 32.) On

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November 23, 2016, Plaintiff filed his opposition. (ECF No. 33.)

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Despite Plaintiff’s failure to show cause for his untimely filing, the Court

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nevertheless will discharge the order to show cause. The Court will proceed to the merits

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of Defendant’s motion following receipt of Defendant’s reply, if any.

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Based on the foregoing, the order to show cause (ECF No. 32) is HEREBY
DISCHARGED.

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IT IS SO ORDERED.
Dated:

November 27, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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