Jones v. Arnette, et al.

Filing 64

ORDER for CDCR to SHOW CAUSE why sanctions should not be imposed for failure to comply with the Court's 6/8/2020 Order signed by Magistrate Judge Gary S. Austin on 1/22/2021. Show Cause Response due within 20-Days. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY JONES,

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Plaintiff,
vs.
ARNETTE, et al.,
Defendants.

1:16-cv-01212-DAD-GSA-PC
ORDER FOR CALIFORNIA DEPARTMENT
OF CORRECTIONS AND REHABILITATION
TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE
TO COMPLY WITH THE COURT’S JUNE 8,
2020 ORDER

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Jeremy Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act

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(ADA), 42 U.S.C. § 12132.

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On June 8, 2020, the Court found that service of the Second Amended Complaint was

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appropriate as to Defendants Arnette, Flores, Lopez, Zamora, Vasquez, Gonzalez, and Keener

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for violation of the Eighth Amendment, Fourteenth Amendment and ADA. Electronic service

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was ordered which directed the California Department of Corrections and Rehabilitation (CDCR)

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“no later than 40 days” after service of the Court’s order to “file with the Court the ‘CDCR Notice

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of E-Service Waiver’ advising the Court which defendant(s) . . . will be waiving service of

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process without the need for personal service by the United States Marshal.” (ECF No. 48, Order

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at 3:26 – 4: 1.)

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CDCR has returned Notices of E-Service Waiver for Defendants Gonzalez, Flores,

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Arnette, and Keener, and these four Defendants have filed on October 30, 2020, an Answer to

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the complaint. (ECF Nos. 53, 54, 57.) However, CDCR has not returned Notices for Defendants

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Lopez, Zamora, or Vasquez, and the forty-day time period has expired.

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Accordingly, it is HEREBY ORDERED that within twenty (20) days of the date of

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service of this order, CDCR shall show cause why sanctions should not be imposed for failure to

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comply with the Court’s June 6, 2020, order.

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The Clerk of Court shall serve a copy of this order by email on (1) the CDCR and (2)
Monica Anderson, Senior Assistant Attorney General.

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IT IS SO ORDERED.
Dated:

January 22, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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