Gaines v. Brown et al

Filing 35

ORDER DIRECTING Plaintiff to Submit Service Documents or SHOW CAUSE Why this Action should not be Dismissed for Failure to Prosecute; Show Cause Response due within Twenty-One (21) Days signed by Magistrate Judge Barbara A. McAuliffe on 5/14/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARY LEE GAINES,

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Plaintiff,

(ECF Nos. 30, 34)

v.

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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

Defendants.

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BROWN, et al.,

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Case No. 1:16-cv-01666-LJO-BAM (PC)

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TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Mary Lee Gaines (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s first amended complaint against Defendants Mirelez and Hoehing for deliberate

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indifference to serious medical needs.

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On March 9, 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. 30.) 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 2.) Plaintiff’s USM-285

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form and summons for Defendant Maldinado were due on or before July 11, 2017.

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On March 29, 2018, Plaintiff filed a motion for a thirty day extension of time. (ECF No.
33.) The Court granted the request, and explicitly warned Plaintiff that failure to comply with the
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Court’s order would result in dismissal of this action for failure to obey a court order and failure

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to prosecute. (ECF No. 34.)

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As of the date of this order, Plaintiff has not submitted the USM-285 forms, summons, or
copies of the complaint. Plaintiff has not complied with the Court’s orders.
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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a completed service documents for Defendants Mirelez and Hoehing, as discussed in the

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Court’s March 9, 2018 order, or shall show cause in writing why this action should not be

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dismissed; and

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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

May 14, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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