Garcia v. California Department of Corrections Medical Department of Delano

Filing 15

ORDER Requiring Plaintiff to Clarify Intent to Prosecute This Action 14 , signed by Magistrate Judge Dennis L. Beck on 8/9/16: 30-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWIN GARCIA,

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Plaintiff,

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v.

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CDCR MEDICAL DEPARTMENT,

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Case No. 1:16-cv-00237 DLB
ORDER REQUIRING PLAINTIFF TO
CLARIFY INTENT TO PROSECUTE THIS
ACTION
(Document 14)

Defendant.
_____________________________________/

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Plaintiff Edwin Garcia (“Plaintiff”), a state inmate in the custody of the California

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17 Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma
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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

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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. The Court discharged the order to show

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24 cause on July 13, 2016, and granted Plaintiff an additional thirty (30) days to file an amended
25 complaint.
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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on April 18, 2016.

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On August 2, 2016, Plaintiff filed a letter with the Court indicating that he could not

2 comply with Court orders because he is illiterate. He also states that he “must, and will, seek
3 different venue of proceeding further.” ECF No. 14.
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It appears as though Plaintiff wishes to voluntarily dismiss this action pursuant to Federal

5 Rule of Civil Procedure 41(a). However, prior to closing this action, the Court ORDERS Plaintiff
6 to clarify his intent. Therefore, within thirty (30) days, Plaintiff must inform this Court if he
7 intends to proceed with this case.
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If Plaintiff does not respond, the Court will dismiss the action for failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 9, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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