Manago v. Davey et al
Filing
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ORDER to SHOW CAUSE why case should not be dismissed for Plaintiff's Failure to Prosecute, signed by Magistrate Judge Gary S. Austin on 08/17/17. Show Cause Response due 14-Day Deadline(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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1:16-cv-00399-LJO-GSA-PC
STEWART MANAGO,
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO
PROSECUTE
vs.
D. DAVEY, et al.,
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FOURTEEN-DAY DEADLINE FOR
PLAINTIFF TO FILE A RESPONSE
Defendants.
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I.
BACKGROUND
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Stewart Manago (“Plaintiff”) is a former state prisoner proceeding in propria persona
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and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff
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filed the Complaint commencing this action on March 24, 2016. (ECF No. 1.) This case now
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proceeds with the First Amended Complaint filed on April 18, 2016, against defendants J.
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Acevedo, D. Davey, A. Maxfield, E. Razo, M.V. Sexton, A. Valdez, and J. Vanderpoel
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(collectively, “Defendants”), on Plaintiff’s First Amendment retaliation claims. (ECF No. 13.)
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On August 4, 2017, Plaintiff’s court mail was returned to the court by the United States
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Postal Service as undeliverable, with a notation on the envelope “VACANT.” (Court Record.)
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Plaintiff has not notified the court of his new address. Plaintiff shall be required to show cause
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why this case should not be dismissed for his failure to prosecute this action. Local Rule
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183(b) requires that a party appearing in propria persona shall keep the court and opposing
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parties advised of his or her current address. A court may dismiss an action, with prejudice,
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based on a party’s failure to prosecute an action, or failure to comply with local rules. See, e.g.,
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Ghazali v. Moran, 46 F.3d 52, 53 54 (9th Cir. 1995) (dismissal for noncompliance with local
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rule); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply
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with local rule requiring pro se plaintiffs to keep court apprised of address); Henderson v.
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Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure to
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comply with local rules).
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II.
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ORDER TO SHOW CAUSE
Based on the foregoing, IT IS HEREBY ORDERED that:
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Within (14) fourteen days from the date of service of this order, Plaintiff is
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required to file a written response, showing cause why this case should not be
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dismissed for Plaintiff’s failure to prosecute; and
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2.
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Plaintiff’s failure to comply with this order may result in the dismissal of this
action without further notice.
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IT IS SO ORDERED.
Dated:
August 17, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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