Long v. Corizon Health, Inc. et al.

Filing 36

ORDER to SHOW CAUSE why the Case Should not be Dismissed for Failure to Comply with Court Order signed by Magistrate Judge Jennifer L. Thurston on 07/13/2021 Show Cause Response due within Fourteen-Days. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PHILLIP J. LONG,
Plaintiff,

ORDER TO SHOW CAUSE WHY THE
CASE SHOULD NOT BE DISMISSED
FOR FAILURE TO COMPLY WITH
COURT ORDER

Defendant.

12

14-DAY DEADLINE

v.

13
14

CASE NO. 1:17-cv-00898-NONE-JLT (PC)

JANE DOE,

15
16

This action proceeds against a single defendant, Jane Doe, on an Eighth Amendment

17
18

medical indifference claim. Previously, this Court issued a subpoena for documents identifying

19

the name of Jane Doe. (Doc. 34.) On February 22, 2021, the United States Marshal served the

20

subpoena on the Litigation Coordinator at Fresno County Jail. Id. The Court ordered the

21

Litigation Coordinator to serve the responsive documents on Plaintiff within thirty days. (Doc.

22

33.) The Court further ordered Plaintiff to submit a notice to the Court within fourteen days upon

23

receipt of the documents identifying Jane Doe. Id.
On June 9, 2021, this Court ordered Plaintiff to advise the Court, within fourteen days,

24
25

“whether Plaintiff received documents responsive to the subpoena, and if so, identifying Jane Doe

26

in order to effect service.” (Doc. 35.) More than fourteen days have passed, and Plaintiff has

27

failed to respond to the Order.

28

///
1

1

Accordingly, the Court ORDERS Plaintiff to show cause, within 14 days, why this Court

2

should not dismiss this case for failure to comply with a court order. Alternatively, the Plaintiff

3

can file a notice, within 14 days, advising the Court whether Plaintiff received documents

4

responsive to the subpoena, and if so, identifying Jane Doe in order to effect service.

5
6

Failure to comply with this Order will result in a recommendation of dismissal of the
action for failure to obey a court order.

7
8
9

IT IS SO ORDERED.
Dated:

July 13, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2