Williams v. Baker et al
Filing
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ORDER to SHOW CAUSE Why This Case Should Not be Dismissed for Plaintiff's Failures to Prosecute and to Comply With Court Orders, signed by Magistrate Judge Jeremy D. Peterson on 7/2/19. Show Cause Response Due Within Thirty Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHANNON WILLIAMS,
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Plaintiff,
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v.
OFFICER BAKER,
Case No. 1:16-cv-01540-DAD-JDP
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURES TO PROSECUTE
AND TO COMPLY WITH COURT ORDERS
THIRTY-DAY DEADLINE
Defendant.
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Plaintiff is a federal prisoner proceeding without counsel in this civil rights action brought
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under Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On May 14, 2019, the court ordered
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plaintiff to file briefing to address whether plaintiff’s complaint states a claim upon which relief
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may be granted in light of Ziglar v. Abbasi, 137 S. Ct. 1843, 1854 (2017). Plaintiff’s submission
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was due June 13, 2019, but he failed to file briefing.
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The court may dismiss a case for plaintiff’s failure to prosecute or failure to comply with a
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court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d
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683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a district court has duties
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to resolve disputes expeditiously and to avoid needless burden for the parties. See
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Fed. R. Civ. P. 1; Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002).
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Considering plaintiff’s pro se status and in the interests of justice, the court will provide
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plaintiff with an opportunity to show cause for the failures to prosecute and to comply with the
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court’s order.
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ORDER
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Accordingly,
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1. Plaintiff must show good cause in writing, no later than thirty days from the date of
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service of this order, why this case should not be dismissed for failure to comply with a court
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order and failure to prosecute. If plaintiff (1) files briefing addressing the Abbasi question or (2)
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files an affidavit explaining why he cannot file such briefing, the court will discharge the order to
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show cause and proceed accordingly.
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2. Any response to this order must be filed with the court.
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3. Plaintiff is cautioned that failure to file and serve a written response to this order will be
grounds for dismissal.
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IT IS SO ORDERED.
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Dated:
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July 2, 2019
UNITED STATES MAGISTRATE JUDGE
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No. 203
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