Garcia v. California Department of Corrections Medical Department of Delano

Filing 13

ORDER DISCHARGING ORDER TO SHOW CAUSE 11 ; ORDER DENYING Plaintiff's 12 Motion for Translator; ORDERED Plaintiff to file an Amended Complaint pursuant to May 11, 2016 order, signed by Magistrate Judge Dennis L. Beck on 07/13/2016. (30-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 EDWIN GARCIA, 10 Plaintiff, 11 v. 12 13 CDCR MEDICAL DEPARTMENT, 14 Defendant. _____________________________________/ Case No. 1:16-cv-00237 DLB ORDER DISCHARGING ORDER TO SHOW CAUSE (Document 11) ORDER DENYING PLAINTIFF’S MOTION FOR TRANSLATOR (Document 12) 15 Plaintiff Edwin Garcia (“Plaintiff”), a state inmate in the custody of the California 16 17 Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma 1 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on 19 February 19, 2016. On June 29, 2016, the Court issued an order to show cause why this action should not be 20 21 dismissed for failure to follow a Court order and failure to prosecute. Plaintiff was ordered to file 22 response within twenty-one (21) days. On July 11, 2016, Plaintiff filed his response. For good cause, the order to show cause is 23 24 DISCHARGED. Plaintiff also requests that a Spanish translator be appointed because he cannot read or 25 26 write English very well. The Court does not have the ability to appoint such assistance, however. 27 Plaintiff has submitted documents to the Court that are legible and easy to understand, and it does 28 1 Plaintiff consented to the jurisdiction of the United States Magistrate Judge on April 18, 2016. 1 not appear that he is having difficulty communicating.2 If and when Plaintiff needs to 2 communicate directly with the Court without any assistance, either during a hearing or at trial, the 3 Court will consider the assistance of a translator. 4 Plaintiff SHALL file an amended complaint pursuant to the May 11, 2016, order within 5 thirty (30) days of the date of service of this order. 6 7 IT IS SO ORDERED. 8 Dated: /s/ Dennis July 13, 2016 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L. Beck 2 The Court understands that this may be because of inmate assistance. 2

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