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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROGELIO MAY RUIZ, 11 12 13 14 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. 15 16 Plaintiff Rogelio May Ruiz is a state prisoner proceeding pro se and in forma pauperis in 17 this civil action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. 19 On September 15, 2017, the Court issued an order striking Plaintiff’s complaint as it was 20 not written in the English language, and requiring him to file a complaint in the English language 21 or notice of voluntary dismissal within thirty (30) days. (ECF No. 18.) The Court expressly 22 warned Plaintiff that the failure to comply with that order would result in this action being 23 dismissed. (Id. at 2.) The deadline for Plaintiff to file a complaint has passed, and he has not 24 complied with the Court’s order. 25 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within 26 twenty-one (21) days of service of this order, why this action should not be dismissed for the 27 failure to comply with the Court’s September 15, 2017 order and failure to prosecute. Plaintiff 28 can comply with this order to show cause by filing a complaint within the twenty-one (21) day 1 deadline. The failure to comply with this order will result in the dismissal of this action for 2 the failure to obey a court order and failure to prosecute. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara October 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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