Garcia v. Garcia, et al.
Filing
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ORDER to SHOW CAUSE why action should not be dismissed for failure to comply with Court Order and Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 07/21/2021. (Show Cause Response due within 14-Day Deadline)(Martin-Gill, S)
Case 1:17-cv-01313-BAM Document 49 Filed 07/21/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARCO A. GARCIA,
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Plaintiff,
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v.
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Case No. 1:17-cv-01313-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH COURT
ORDER AND FAILURE TO PROSECUTE
GARCIA, et al.,
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(ECF No. 48)
Defendants.
FOURTEEN (14) DAY DEADLINE
Plaintiff Marco A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against
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Defendants Garcia and Bursiaga for excessive force in violation of the Eighth Amendment. All
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parties have consented to Magistrate Judge jurisdiction. (ECF No. 28.) This matter is set for a
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telephonic trial confirmation hearing on September 1, 2021, and a jury trial on November 1, 2021.
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On May 18, 2021, the Court issued a second scheduling order directing Plaintiff to file his
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pretrial statement, any motion for attendance of incarcerated witnesses, and the names and
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locations of any unincarcerated witnesses who refuse to testify voluntarily on or before July 7,
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2021. (ECF No. 48.) Plaintiff was advised that failure to comply with the procedures set forth in
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that order may result in the preclusion of any and all witnesses. (Id. at 2.) Plaintiff was also
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advised that the failure to file a pretrial statement as required by that order may result in the
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imposition of appropriate sanctions, which may include dismissal of the action or entry of default.
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Case 1:17-cv-01313-BAM Document 49 Filed 07/21/21 Page 2 of 2
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(Id. at 4.) The deadline for Plaintiff’s pretrial statement, motion for attendance of incarcerated
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witnesses, and names and locations of unincarcerated witnesses has expired, and Plaintiff has
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failed to comply with the Court’s scheduling order or to otherwise communicate with the Court.
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Accordingly, Plaintiff is HEREBY ORDERED to show cause by written response why
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this action should not be dismissed, with prejudice, for failure to obey the Court’s order and for
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failure to prosecute. Plaintiff’s response is due within fourteen (14) days from the date of
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service of this order. If Plaintiff fails to file a response, or the response does not demonstrate
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good cause, this matter will be dismissed.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
July 21, 2021
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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