Shehee v. Perez et al
Filing
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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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