Ward v. Lockwood, et al.

Filing 7

ORDER to SHOW CAUSE Why Case Should Not Be Dismissed for Failure to Follow Court Order and Failure to Prosecute signed by Magistrate Judge Gary S. Austin on 10/18/2017. Show Cause Response due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMY LEROY WARD,
Plaintiff,

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vs.

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TIMOTHY M. LOCKWOOD, et al.,

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Defendants.

1:16-cv-01721-GSA-PC
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR FAILURE
TO FOLLOW COURT ORDER AND FAILURE
TO PROSECUTE
(ECF No. 6.)
FOURTEEN-DAY DEADLINE

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I.

BACKGROUND

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Jimmy Leroy Ward (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On November 14,

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2016, 2015, Plaintiff filed the Complaint commencing this action. (ECF No. 1.)

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On December 5, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On August 28, 2017, the court screened the Complaint and issued an order dismissing

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the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No. 6.)
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The thirty-day deadline has passed, and Plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this

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action should not be dismissed for failure to follow a court order and failure to prosecute.

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Plaintiff must file a response to this order within fourteen (14) days. Plaintiff may also

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comply by filing a response to the August 28, 2017, order.

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Failure to follow this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

October 18, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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