Smith v. Fantone et al

Filing 18

ORDER to SHOW CAUSE why this Case Should Not be Dismissed without Prejudice for Failure to Prosecute, signed by Magistrate Judge Erica P. Grosjean on 8/4/17. Show Cause Response Due Within Thirty Days. (Gonzalez, R)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 TRAYVONE SMITH, 8 Plaintiff, 9 10 11 Case No. 1:16-cv-01179-EPG (PC) ORDER FOR PLAINTIFF TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE v. EMMANUEL J. FANTONE and JASWANT KHOKHAR, (ECF NOS. 16 & 17) Defendants. 12 THIRTY DAY DEADLINE 13 Trayvone Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 14 15 with this civil rights action pursuant to 42 U.S.C. § 1983. 16 Both defendants in this case have executed a waiver of service of summons. (ECF Nos. 17 16 & 17). Both defendants have failed to file a responsive pleading within the time period laid 18 out in the waivers. (Id.). However, Plaintiff has not moved for a default judgment, or otherwise attempted to 19 20 prosecute this case since Defendants’ failure to file responsive pleadings. Therefore, the Court will order Plaintiff to show cause why this case should not be 21 22 dismissed, without prejudice, for failure to prosecute. The Court notes that if Plaintiff begins going through the appropriate procedure to get a 23 24 default judgment (see Fed. R. Civ. P. 55), the Court will vacate this order to show cause. 25 /// 26 /// 27 /// 28 /// 1 1 Accordingly, based on the foregoing, it is HEREBY ORDERED that within thirty (30) 2 days from the date of service of this order, Plaintiff shall show cause why this case should not 3 be dismissed, without prejudice, for failure to prosecute. 4 5 6 IT IS SO ORDERED. Dated: August 4, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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