9HC)Bryson v. Copenhaver

Filing 6

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Obey a Court Order 5 , signed by Magistrate Judge Sandra M. Snyder on 9/2/14: OSC Response Due Within Fifteen (15) Days. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-CV-00710-SMS (HC)
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WILLIAM BRYSON,

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Petitioner,

ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO OBEY A COURT ORDER

v.
(Doc. 5)

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PAUL COPENHAVER, WARDEN,
Respondent.

RESPONSE DUE WITHIN FIFTEEN (15) DAYS

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Petitioner William Bryson is a federal prisoner proceeding pro se and in forma pauperis

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with a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241. Petitioner has consented to

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the jurisdiction of the United States Magistrate Judge to conduct all further proceedings in the case,

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including the entry of final judgment, by manifesting his consent in a writing signed and filed by

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Petitioner on June 5, 2014 (Doc. 4). See 28 U.S.C. §636(c)(1); Local Rule 305(b). Pending before the

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Court is the petition, filed on May 12, 2014 (Doc. 1).

On July 18, 2014, the Court rendered its order (Doc. 5) dismissing the complaint for

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failure to exhaust administrative remedies and ordered Petitioner to submit an amended complaint
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within thirty (30) days. The order warned Petitioner that failure to comply as directed might
result in the dismissal of this action for failure to state a claim. Although more than thirty days

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have passed, Petitioner has neither filed an amended complaint nor responded to the Court’s order

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in any other way.

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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 Petitioner’s
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failure to comply with a court order. FED. R. CIV. P. 11; Local Rule 110. Accordingly,

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IT IS HEREBY ORDERED that within fifteen (15) days from the date of service of this

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order, Petitioner SHALL file a written response to the Court, showing cause why this case should

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not be dismissed for Petitioner’s failure to obey the Court’s July 18, 2014 order (Doc. 5).

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IT IS FURTHER ORDERED that the Clerk of Court SHALL mail a copy of this order
to Petitioner’s address, along with a copy of the Court's July 18, 2014 order (Doc. 5).

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IT IS FINALLY ORDERED that Petitioner's failure to comply with this order will result
in the dismissal of this action without further notice.

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IT IS SO ORDERED.
Dated:

September 2, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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