Shehee v. Perez et al

Filing 47

ORDER DIRECTING Plaintiff to Submit Service Documents or Show Cause why this action should not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 06/19/2018. (Case Management Deadline: 21-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

ORDER DIRECTING PLAINTIFF TO
SUBMIT SERVICE DOCUMENTS OR
SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Defendants.

(ECF Nos. 40, 45)

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v.
PEREZ, et al.,

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Case No. 1:16-cv-01346-AWI-BAM (PC)

TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former county jail inmate proceeding pro se

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first

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amended complaint against Defendant Perez for excessive force in violation of the Fourteenth

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Amendment and against Defendant Lain for failure to protect in violation of the Fourteenth

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Amendment.

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On February 28, 2018, the Court issued an order authorizing service of Plaintiff’s first

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amended complaint and forwarding service documents to Plaintiff for completion and return

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within thirty days. (ECF No. 40.) The Court expressly warned Plaintiff that failure to comply

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with the Court’s order would result in dismissal of this action. (Id. at 3.)

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Thereafter, the Court granted two extensions of time for Plaintiff to file service documents
for Defendants. (ECF Nos. 42, 45.) The Court explicitly warned Plaintiff that failure to comply
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with the Court’s orders would result in dismissal of this action. (ECF No. 42, p. 2; ECF No. 45,

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p. 2.) Plaintiff’s USM-285 form and summons for Defendants Perez and Lain were due on or

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before June 11, 2018. As of the date of this order, Plaintiff has not submitted the USM-285

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forms, summons, or copies of the complaint. Plaintiff has not complied with the Court’s orders,

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or otherwise communicated with the Court regarding this action.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Within twenty-one (21) days from the date of service of this order, Plaintiff shall submit

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completed service documents for Defendants Perez and Lain, as discussed in the Court’s

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February 28, 2018 order, or shall show cause in writing why this action should not be

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dismissed; and
2. Plaintiff’s failure to comply with this order will result in dismissal of this action for
failure to obey court orders and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 19, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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