Risher v. Libby, et al.
Filing
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ORDER for Plaintiff to SHOW CAUSE Why Case Should Not be Dismissed for Failure to Comply With a Court Order signed by Magistrate Judge Erica P. Grosjean on 5/31/2017. Show Cause Response due within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD RISHER,
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Plaintiff,
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v.
1:17-cv-00087-EPG (PC)
ORDER FOR PLAINTIFF TO SHOW
CAUSE WHY CASE SHOULD NOT BE
DISMISSED FOR FAILURE TO COMPLY
WITH A COURT ORDER
DR. EBINOSA, et al.,
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Defendants.
(ECF NO. 13)
THIRTY DAY DEADLINE
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Richard Risher ("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. ยง 1983. On December 30, 2016, Plaintiff
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filed the complaint commencing this action. (ECF No. 1). On March 14, 2017, the Court
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found cognizable claims and ordered a response from Plaintiff. (ECF No. 11) On April 5,
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2017, the Plaintiff notified the Court that he would stand on his complaint. (ECF No. 12). On
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April 6, 2017, the Court dismissed certain claims and forwarded service documents to Plaintiff
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for completion and return within thirty days. (ECF No. 13). The Court also notified Plaintiff
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that failure to complete and return the service documents within 30 days could result in
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dismissal of this action. (ECF No. 13, p. 3).
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The time period has expired and Plaintiff has not returned the service documents.
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Therefore, Plaintiff will be ordered to show cause why the Court should not dismiss this case
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for failure to comply with a Court order. The Court notes that if Plaintiff completes and returns
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the service documents within thirty days of the date of service of this order, the Court will
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discharge this order to show cause. If Plaintiff does not respond to this order, the Court will
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dismiss the case for failure to prosecute and comply with a court order.
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Accordingly, based on the foregoing, it is HEREBY ORDERED that, within thirty (30)
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days from the date of service of this order, Plaintiff shall show cause why the Court should not
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dismiss this case for failure to prosecute and comply with a court order.
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IT IS SO ORDERED.
Dated:
May 31, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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