Thomas v. Lewis et al

Filing 29

ORDER for Plaintiff to SHOW CAUSE Why This Case Should Not be Dismissed for Failure to Prosecute signed by Magistrate Judge Erica P. Grosjean on 8/9/2017. Show Cause Response due within fourteen (14) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Case No. 1:16-cv-00524-EPG (PC) JOHNNY C. THOMAS, 12 Plaintiff, 13 v. 14 ORDER FOR PLAINTIFF TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE MARK KUO, 15 (ECF No. 28) Defendants. FOURTEEN DAY DEADLINE 16 17 Johnny C. Thomas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case is proceeding on 19 Plaintiff’s claim against Defendant Kuo for deliberate indifference to serious medical needs in 20 violation of the Eighth Amendment. 21 Defendant Kuo executed a waiver of service of summons. (ECF No. 28). However, he 22 has failed to file a responsive pleading within the time period laid out in the waiver, July 17, 23 2017. (Id.). 24 It is now up to Plaintiff to move for default judgment. Thus far, Plaintiff has not moved 25 for entry of default under Federal Rule of Civil Procedure 55(a), or otherwise attempted to 26 prosecute this case since Defendant Kuo’s failure to file responsive pleadings. 27 28 1 1 Therefore, the Court ORDERS Plaintiff to SHOW CAUSE why this case should not be 2 dismissed for failure to prosecute. The Court notes that if Plaintiff begins going through the 3 appropriate procedure to get a default judgment (see Fed. R. Civ. P. 55), the Court will vacate 4 this order to show cause. 5 Accordingly, based on the foregoing, it is HEREBY ORDERED that within fourteen 6 (14) days from the date of service of this order, Plaintiff shall show cause why this case should 7 not be dismissed for failure to prosecute. 8 9 10 IT IS SO ORDERED. Dated: August 9, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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