Lipsey v. Reddy et al

Filing 60

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Prosecute and Failure to Obey Court Order 45 , 50 , signed by Magistrate Judge Barbara A. McAuliffe on 7/17/2018: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,
Plaintiff,

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vs.

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DR. REDDY, et al.,
Defendants.

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Case No.: 1:17-cv-00569-LJO-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO OBEY COURT ORDER
(Doc. Nos. 45, 50)
FOURTEEN-DAY DEADLINE

Plaintiff Christopher Lipsey is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983.
On May 29, 2018, Defendants filed a motion for summary judgment. Fed. R. Civ. P. 56.

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(Doc. 45.) Plaintiff was provided with notice of the requirements for opposing a motion for

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summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d

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952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir.1988). (Doc. 45-

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1.)

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On June 4, 2018, the Court granted Plaintiff an extension of time to file an opposition to

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Defendant’s summary judgment motion, based on his statements that he did not have immediate

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access to his legal property following a housing move. (Doc. 50.) Plaintiff’s opposition was due

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within thirty (30) days of that order. More than thirty days have passed, and Plaintiff has not

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complied with the Court’s order, nor has he otherwise been in contact with the Court.

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN

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RESPONSE within fourteen (14) days of service of this order why this action should not be

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dismissed, with prejudice, for failure to obey the Court’s order and for failure to prosecute.

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Plaintiff may comply with the Court’s order by filing an opposition or statement of non-

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opposition to Defendant’s motion for summary judgment. Plaintiff is warned that if he fails to

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comply with the Court’s order, this matter will be dismissed with prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 17, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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