Harris v. German et al

Filing 18

SECOND ORDER requiring further Response to 15 Order to Show Cause signed by Magistrate Judge Gary S. Austin on 4/6/2017. (Filing Deadline: 4/24/2017). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE B. HARRIS, Plaintiff, 12 SECOND ORDER REQUIRING FURTHER RESPONSE TO ORDER TO SHOW CAUSE (ECF No. 15.) v. 13 14 1:15-cv-01462-GSA-PC HUMBERTO GERMAN, et al., Defendants. 15 FIFTEEN-DAY DEADLINE TO RESPOND 16 17 18 19 20 Devonte B. Harris (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983.1 21 On March 22, 2017, the court issued an order requiring Plaintiff to notify the court, 22 within fifteen days, whether he is serving (1) a life term or (2) a term for less than life. (ECF 23 No. 17.) The court now requires additional information from Plaintiff. If Plaintiff is serving a 24 life term, he must also notify the court whether he is serving a term for, (3) life without the 25 26 27 28 1 On December 18, 2015, Plaintiff consented to Magistrate Judge jurisdiction in this action pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 7.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of California, the undersigned shall conduct any and all proceedings in the case until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3). 1 1 possibility of parole, or (4) life with the possibility of parole. Plaintiff shall be granted fifteen 2 days to notify the court in writing of the status of his term. 3 III. CONCLUSION 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. 6 Within fifteen days of the date of service of this order, Plaintiff is required to respond in writing to the court, indicating whether he is serving: 7 (1) a life term or 8 (2) a term for less than life; and 9 2. 10 If Plaintiff is serving a life term, he must also indicate whether he is serving a term for: 11 (3) life without the possibility of parole, or 12 (4) life with the possibility of parole. 13 3. 14 Plaintiff’s failure to comply with this order shall result in the dismissal of this case. 15 16 17 18 IT IS SO ORDERED. Dated: April 6, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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