Ruiz v. Mobert

Filing 21

ORDER to SHOW CAUSE why this action should not be dismissed for the failure to obey a Court Order and Failure to prosecute,signed by Magistrate Judge Barbara A. McAuliffe on 10/30/2017. Show Cause Response 21-Day Deadline (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,
v.

Case No.: 1:17-cv-00709-AWI-BAM (PC)
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR THE FAILURE TO OBEY A COURT
ORDER AND FAILURE TO PROSECUTE

R. MOBERT,
TWENTY-ONE (21) DAY DEADLINE
Defendant.

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Plaintiff Rogelio May Ruiz is a state prisoner proceeding pro se and in forma pauperis in

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this civil action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.

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On September 15, 2017, the Court issued an order striking Plaintiff’s complaint as it was

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not written in the English language, and requiring him to file a complaint in the English language

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or notice of voluntary dismissal within thirty (30) days. (ECF No. 18.) The Court expressly

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warned Plaintiff that the failure to comply with that order would result in this action being

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dismissed. (Id. at 2.) The deadline for Plaintiff to file a complaint has passed, and he has not

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complied with the Court’s order.

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within

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twenty-one (21) days of service of this order, why this action should not be dismissed for the

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failure to comply with the Court’s September 15, 2017 order and failure to prosecute. Plaintiff

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can comply with this order to show cause by filing a complaint within the twenty-one (21) day

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deadline. The failure to comply with this order will result in the dismissal of this action for

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the failure to obey a court order and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 30, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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