Sifuentes v. Ola, et al.

Filing 44

ORDER Rescinding 41 Order to Show Cause signed by Magistrate Judge Gary S. Austin on 10/15/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIGUEL G. SIFUENTES,

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Plaintiff,

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vs.

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1:16-cv-00241-DAD-GSA-PC
ORDER RESCINDING ORDER TO
SHOW CAUSE
(ECF No. 41.)

DR. OLA, et al.,

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Defendants.

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Plaintiff Miguel G. Sifuentes is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff paid the $400.00 filing fee for this action on

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February 25, 2016, and therefore is not proceeding in forma pauperis.

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This case now proceeds with Plaintiff’s First Amended Complaint, filed on April 26,

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2017, against defendant Dr. Ola (“Defendant”) for failure to provide adequate medical care in

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violation of the Eighth Amendment.1 (ECF No. 21.)

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On May 15, 2019, the court issued an order directing Plaintiff to serve defendant Dr. Ola

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with a summons and copy of the First Amended Complaint. (ECF No. 39.) Because Plaintiff is

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not proceeding in forma pauperis in this case, he was responsible for serving process himself.

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Plaintiff was provided with the documents and instructions needed to serve process and was

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All other claims and defendants were dismissed from this action by the court on May 13, 2019,
based on Plaintiff’s failure to state a claim. (ECF No. 38.)
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ordered to complete service of process within ninety days. (Id.) Plaintiff was advised that after

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service of process is completed, he was required to file with the court a proof of service or waiver

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of service form demonstrating that service is completed. The ninety-day time period expired and

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Plaintiff did not file a proof of service, waiver of service form, or any other response to the court’s

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order.

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On September 26, 2019, the court issued an order to show cause requiring Plaintiff to

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respond within thirty days, showing cause why this case should not be dismissed for his failure

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to effect service upon defendant Dr. Ola. (ECF No. 41.)

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Plaintiff has not yet responded to the order to show cause. However, on October 11,

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2019, defendant Dr. Ola appeared in this case by filing an Answer to Plaintiff’s First Amended

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Complaint. (ECF No. 42.) Because of Dr. Ola’s appearance, the court’s order to show cause is

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moot and will therefore be rescinded. Plaintiff is no longer required to respond to the order to

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show cause, and this case will now proceed.

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Plaintiff is cautioned that in the future his failure to comply with a court order may result

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in the dismissal of his case in its entirety. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir.

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2002).

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Accordingly, it is HEREBY ORDERED that:

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The court’s order to show cause, issued on September 6, 2019, is RESCINDED;

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Plaintiff is no longer required to respond to the order to show cause; and

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Plaintiff is warned that in the future, his failure to comply with any of the court’s

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orders may result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

October 15, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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