Martinez v. Three Unknown Guards of CDCR, et al.
Filing
62
ORDER to SHOW CAUSE why Action Should not be Dismissed for Failure to Prosecute and Failure to Obey Court Orders signed by Magistrate Judge Barbara A. McAuliffe on 01/24/2020. Fourteen-Day Deadline. (Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
ANTONIO MARTINEZ,
12
13
14
15
16
17
18
19
Plaintiff,
v.
Case No. 1:16-cv-01467-DAD-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO OBEY COURT ORDERS
F. ROJAS,
(ECF Nos. 52, 55, 57, 59)
Defendant.
FOURTEEN (14) DAY DEADLINE
Plaintiff Antonio Martinez is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On September 10, 2019, Defendant F. Rojas filed a motion for summary judgment for
20
failure to exhaust administrative remedies. (ECF No. 52.) Plaintiff was provided with notice of
21
the requirements for opposing a motion for summary judgment. Woods v. Carey, 684 F.3d 934
22
(9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849
23
F.2d 409, 411–12 (9th Cir.1988). (ECF No. 52-1.)
24
On October 9, 2019, the Court granted Plaintiff a thirty-day extension of time to file an
25
opposition to Defendant’s summary judgment motion. (ECF No. 55.) However, Plaintiff failed
26
to file an opposition within the allotted time. Therefore, on November 21, 2019, the Court issued
27
an order directing Plaintiff to file an opposition, or a statement of non-opposition, to Defendant’s
28
motion for summary judgment within twenty-one days from the date of service of the order.
1
1
2
(ECF No. 57.)
In response to the Court’s November 21, 2019 order, Plaintiff filed a motion for a second
3
extension of time. (ECF No. 58.) On December 9, 2019, the Court granted Plaintiff a second
4
thirty-day extension of time to file an opposition to Defendant’s summary judgment motion.
5
(ECF No. 59.) Plaintiff’s opposition, or statement of non-opposition, to Defendant’s motion for
6
summary judgment was therefore due on or before Monday, January 13, 2020.
7
To date, Plaintiff has not filed an opposition, or statement of non-opposition, to
8
Defendant’s motion for summary judgment, nor has Plaintiff otherwise communicated with the
9
Court. Plaintiff will be permitted one final opportunity to show cause why this action should not
10
11
be dismissed with prejudice.
Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of
12
service of this order, Plaintiff shall show cause in writing why the instant action should not be
13
dismissed for Plaintiff’s failure to comply with the Court’s October 9, 2019, November 21, 2019,
14
and December 9, 2019 orders and failure to prosecute. Plaintiff may comply with this order to
15
show cause by filing an opposition, or statement of non-opposition, to Defendant’s motion for
16
summary judgment. Plaintiff is warned that failure to comply with this order to show cause
17
will result in a recommendation to the District Judge that this action be dismissed for
18
failure to prosecute and failure to obey court orders.
19
20
21
22
IT IS SO ORDERED.
Dated:
/s/ Barbara
January 24, 2020
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?