Higgins v. Rodriguez, et al.

Filing 10

ORDER DENYING Plaintiff's Motion to Dismiss Case 7 ; ORDER TO SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Follow Court Orders, signed by Magistrate Judge Dennis L. Beck on 8/23/16: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN ELLIOT HIGGINS,

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Plaintiff,
v.
LOUIS RODRIGUEZ, et al.,
Defendants.

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Case No. 1:16-cv-00804 LJO DLB PC
ORDER DENYING PLAINTIFF’S MOTION
TO DISMISS CASE
[ECF No. 7]
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO FOLLOW COURT ORDERS
FOURTEEN-DAY DEADLINE

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Plaintiff Jonathan Elliot Higgins, (“Plaintiff”), a state prisoner proceeding pro se, filed this

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civil rights action on June 10, 2016.
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On August 3, 2016, Plaintiff filed a motion to dismiss Case No. 1:16-cv-00819 EPG as
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duplicative. Plaintiff is advised that since he wishes to dismiss Case No. 1:16-cv-00819 EPG, he
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must bring his motion in that case. Nevertheless, the docket in Case No. 1:16-cv-00819 EPG
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reflects that the Court has issued a Findings and Recommendation that the case be dismissed as
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duplicative. Therefore, the motion is moot.
On June 10, 2016, the Court issued an order directing Plaintiff to complete and return a
consent/decline form within thirty days. Thirty days passed and Plaintiff failed to comply. The
Court issued a second order on July 25, 2016, directing Plaintiff to complete and return a
consent/decline form within thirty days. Again, thirty days passed and Plaintiff failed to comply.
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On June 20, 2016, the Court issued an order directing Plaintiff to submit an application to proceed in

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forma pauperis or pay the filing fee within forty-five days. Over forty-five days have passed and

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Plaintiff has failed to comply.

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Accordingly, IT IS HEREBY ORDERED:

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1) Plaintiff’s motion to dismiss Case No. 1:16-cv-00819 EPG is DENIED; and

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2) Plaintiff is ORDERED TO SHOW CAUSE why this action should not be dismissed for

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failure to follow a Court order. Plaintiff shall file a response to this order within fourteen

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(14) days of the date of service.

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Failure to show cause, or failure to respond to this order, may result in dismissal of this
action.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 23, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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