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