Trujillo v. Munoz

Filing 41

ORDER for Plaintiff to SHOW CAUSE Why This Case Should Not Be Dismissed Without Prejudice for Failure to Prosecute and ORDER Directing Clerk to Send a Copy of This Order to Senior Assistant Attorney General Monica Anderson signed by Magistrate Judge Erica P. Grosjean on 8/28/2018. Show Cause Response due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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Case No. 1:14-cv-00976-LJO-EPG (PC)

Plaintiff,

ORDER FOR PLAINTIFF TO SHOW
CAUSE WHY THIS CASE SHOULD NOT
BE DISMISSED WITHOUT PREJUDICE
FOR FAILURE TO PROSECUTE

v.
ALVAREZ,

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ORDER DIRECTING CLERK TO SEND A
COPY OF THIS ORDER TO SENIOR
ASSISTANT ATTORNEY GENERAL
MONICA ANDERSON

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(ECF NO. 39)

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THIRTY-DAY DEADLINE

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Defendant.

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Guillermo Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983.
Defendant executed a waiver of service of summons and has failed to file a responsive
pleading within the time period laid out in the waiver. (ECF No. 39).
To date, Plaintiff has not moved for a default judgment or otherwise attempted to
prosecute this case since Defendant’s failure to file a responsive pleading.
Therefore, the Court will order Plaintiff to show cause why this case should not be
dismissed, without prejudice, for failure to prosecute.
The Court notes that if Plaintiff begins going through the appropriate procedure to get a
default judgment (see Fed. R. Civ. P. 55), the Court will vacate this order to show cause.
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Accordingly, based on the foregoing, it is HEREBY ORDERED that:

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1. Within thirty (30) days from the date of service of this order, Plaintiff shall

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show cause why this case should not be dismissed, without prejudice, for failure

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to prosecute; and

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2. The Clerk of Court is directed to send a copy of this order to Senior Assistant

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Attorney General Monica Anderson.

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IT IS SO ORDERED.
Dated:

August 28, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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