Gerald Wright v. D. Davey et al
Filing
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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 10/20/2017. Show Cause Response due by 11/6/2017.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GERALD WRIGHT,
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Plaintiff,
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vs.
D. DAVEY, et al.,
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1:16-cv-01881-GSA-PC
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO FOLLOW COURT ORDER
AND FAILURE TO PROSECUTE
(ECF No. 13.)
Defendants.
FOURTEEN-DAY DEADLINE
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I.
BACKGROUND
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Gerald Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2016, Plaintiff filed
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the Complaint commencing this action at the United States District Court for the Central
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District of California. (ECF No. 1.) On December 15, 2016, Plaintiff’s case was transferred to
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this court.
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On December 30, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this
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action pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF
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No. 8.) 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 31, 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.
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13.) 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 31, 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 20, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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