Garcia v. California Department of Corrections and Rehabilitation et al

Filing 30

ORDER to SHOW CAUSE why action should not be dismissed for failure to prosecute and failure to obey Court order, signed by Magistrate Judge Barbara A. McAuliffe on 07/13/2016. (14-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS A. GARCIA,

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Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Case No.: 1:14-cv-00459-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO PROSECUTE AND FAILURE TO OBEY
COURT ORDER
(ECF No. 28)
FOURTEEN (14) DAY DEADLINE

Plaintiff Jesus A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds on

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Plaintiff’s claims for deliberate indifference to his health and safety in violation of the Eighth

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Amendment against Defendants J. Mejia and J. Faure.
On May 4, 2016, Defendants filed a motion to dismiss Plaintiff’s complaint under Federal Rule

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of Civil Procedure 12(b)(6) for failure to state a claim.1 (ECF No. 15.) Plaintiff’s opposition was due

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on or before May 31, 2016. Plaintiff filed no opposition, and thus on June 8, 2016, Plaintiff was

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ordered to file an opposition or a statement of non-opposition to Defendants’ motion within twenty-

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The motion was originally filed by Defendant Faure, and was joined by Defendant Mejia. (ECF No.

27.)

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one (21) days. (ECF No. 22.) Plaintiff was also expressly warned that the failure to comply with that

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order would result in dismissal of his action, with prejudice, for failure to prosecute and failure to obey

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a court order. (Id. at 2.) To date, Plaintiff has not complied with that order, nor has he otherwise been

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in contact with the Court. Plaintiff will be permitted one final opportunity to show cause why this

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action should not be dismissed with prejudice.

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN response

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within fourteen (14) days of service of this order why this action should not be dismissed, with

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prejudice, for failure to obey the Court’s order and for failure to prosecute. Plaintiff is warned that if

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the response does not show GOOD CAUSE, this matter will be dismissed with prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 13, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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