Butler v. Oliveira, et al

Filing 10

ORDER to SHOW CAUSE Why Case should not be Dismissed for Plaintiff's Failure to Obey a Court Order; Show Cause Response due in Thirty Days signed by Magistrate Judge Gary S. Austin on 3/17/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERWIN BUTLER,

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Plaintiff,

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vs.
M. OLIVEIRA, et al.,

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Defendants.

ORDER TO SHOW CAUSE WHY
CASE
SHOULD
NOT
BE
DISMISSED FOR PLAINTIFF'S
FAILURE TO OBEY A COURT
ORDER
(Doc. 7.)
THIRTY DAY DEADLINE

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1:15-cv-00041-GSA-PC

I.

BACKGROUND

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Derwin Butler (APlaintiff@) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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November 5, 2014, and the United States District Court for the Northern District of California.

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(Doc. 1.) On January 2, 2015, the case was transferred to the Eastern District of California.

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(Doc. 4.) On January 9, 2015, the court issued an order requiring Plaintiff to submit an

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application to proceed in forma pauperis on the court’s form within thirty days. (Doc. 7.) The

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thirty day deadline has passed, and Plaintiff has not submitted the required application or

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otherwise responded to the court’s order.

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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 the plaintiff=s

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failure to comply with a court order. Local Rule 110.
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II.

ORDER TO SHOW CAUSE
Plaintiff is required to show cause why this case should not be dismissed for Plaintiff's

failure to comply with the court's order.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty days from the date of service of this order, Plaintiff shall file a

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written response to the court, showing cause why this case should not be

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dismissed for Plaintiff's failure to obey the Court's order of January 9, 2015; and

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2.

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Plaintiff'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:

March 17, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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