Gonzalez v. The Fresno Sheriff's Department et al

Filing 79

ORDER to SHOW CAUSE Why Action should not be Dismissed for Failure to Obey a Court Order and Failure to Prosecute; Show Cause Response due within Fourteen (14) Days signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HERNANDEZ GONZALEZ,

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Plaintiff,
v.
THE FRESNO SHERIFF’S
DEPARTMENT, et al.,
Defendants.

Case No. 1:15-cv-01200-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO OBEY A COURT ORDER
AND FAILURE TO PROSECUTE
(ECF No. 78)
FOURTEEN (14) DAY DEADLINE

Plaintiff Michael Hernandez Gonzalez (“Plaintiff”), who was a pretrial detainee at the

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time of the incident, is proceeding pro se and in forma pauperis in this civil rights action under 42

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U.S.C. § 1983. This action proceeds against Defendants Mims, Gutierrez, Palacios, and Nemoto

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for allegedly failing to protect Plaintiff in violation of the Fourteenth Amendment. All parties

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have consented to Magistrate Judge jurisdiction. (ECF Nos. 4, 34, 70.)

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On August 23, 2018, Defendants filed a motion to dismiss this action for Plaintiff’s failure

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to comply with Court orders, or alternatively to amend the discovery and scheduling order. (ECF

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No. 74.) On September 12, 2018, Plaintiff filed a document which appeared to indicate either his

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non-opposition to Defendants’ motion to dismiss, or to the hearing on Defendants’ motion to

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dismiss, or both. (ECF No. 77.) Defendants did not file a reply.

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Based on the ambiguity of the filing and Plaintiff’s pro se status, the Court ordered
Plaintiff, within twenty-one days, to clarify in writing whether he did not oppose the granting of
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the motion to dismiss or whether he intended to proceed with the litigation. (ECF No. 78.)

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Plaintiff was explicitly warned that his failure to respond to the Court’s order would result in

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dismissal of this action for failure to obey a court order and failure to prosecute. (Id. at 2.)

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The deadline for Plaintiff to respond to the Court’s order has expired. To date, the Court

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has received no further communication from Plaintiff, and none of the Court’s orders have been

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returned as undeliverable.

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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 a court order and failure to prosecute. Plaintiff is

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warned that if the response does not show good cause, this action will be dismissed with

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prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 5, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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