Reid v. United States of America et al

Filing 43

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Obey a Court Order and Failure to Prosecute re 42 , signed by Magistrate Judge Michael J. Seng on 9/29/16. Show Cause Response Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GORDON C. REID,

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Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

CASE NO. 1:14-cv-01163-LJO-MJS (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO OBEY A COURT ORDER
AND FAILURE TO PROSECUTE
(ECF No. 42)
FOURTEEN (14) DAY DEADLINE

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil
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rights and tort action brought pursuant to Bivens v. Six Unknown Named Agents, 403
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U.S. 388 (1971) and the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680.
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On July 28, 2015, the undersigned screened Plaintiff’s first amended complaint

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and found that it stated a cognizable First Amendment claim against Defendant
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Ontiveroz but no other cognizable claims. (ECF No. 31.) Plaintiff was ordered to file an
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amended complaint or notify the Court of his willingness to proceed only on the
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cognizable claim. Plaintiff instead filed motions for extension of time and a motion for
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reconsideration by the assigned district judge. (ECF Nos. 32, 35, 37, 38.) The district
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judge denied the motion for reconsideration on August 10, 2016. (ECF No. 42.) Plaintiff
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was ordered to file, within thirty days, an amended complaint or a notice of his
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willingness to proceed on the cognizable claim. Plaintiff filed no response and the time

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for doing so has passed.

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Accordingly, it is HEREBY ORDERED THAT:

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1.

Within fourteen (14) days of service of this Order, Plaintiff shall either:

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a. file an amended complaint,

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b. notify the Court of his willingness to proceed on the cognizable

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claim, or

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c. show cause as to why this action should not be dismissed for failure

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to prosecute and failure to comply with the Court’s order (ECF No. 42);

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and
2.

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If Plaintiff fails to show cause or file an amended complaint or notice, the
undersigned will recommend that the action be dismissed.

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IT IS SO ORDERED.
Dated:

September 29, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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