Recino v. Unknown

Filing 28

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 7/25/2016. Show Cause Response due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT R. RECINO,

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Plaintiff,
v.

Case No. 1:15-cv-00362-LJO-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO OBEY COURT ORDER

UNKNOWN,
FOURTEEN (14)-DAY DEADLINE
Defendant.

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Plaintiff Robert R. Recino (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On June 14, 2016, the Court issued an order requiring Plaintiff to either file a third

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amended complaint or notify the Court of his willingness to proceed only on the cognizable

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claims identified in that order. (ECF No. 27.) Plaintiff was also expressly warned that the failure

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to comply with that order would result in dismissal of his action, with prejudice, for failure to

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prosecute and failure to obey a court order. (Id. at 12.)

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Plaintiff’s amended complaint or notification to the Court of his willingness to proceed on

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cognizable claims was due on or before July 18, 2016. To date, Plaintiff has not complied with

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that order, nor has he otherwise been in contact with the Court. Plaintiff will be permitted one

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final opportunity to show cause why this action should not be dismissed with prejudice.
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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN

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response within fourteen (14) days of service of this order why this action should not be

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dismissed, with prejudice, for failure to obey the Court’s order and for failure to prosecute.

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Plaintiff is warned that if the response does not show GOOD CAUSE, this matter will be

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dismissed with prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 25, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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