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