Harris v. Quillen et al

Filing 98

ORDER for Plaintiff to SHOW CAUSE Why Action Should Not be Dismissed, signed by Magistrate Judge Stanley A. Boone on 02/15/2022. Show Cause Response Due Within Twenty-Days. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE B. HARRIS, 12 Plaintiff, 13 14 v. T. QUILLEN, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01370-DAD-SAB (PC) ORDER FOR PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED (ECF No. 97) 17 Plaintiff Devonte B. Harris is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Alvarado, Carranza-Rico, 19 Hurtado, Perez and Quillen for excessive force in violation of the Eighth Amendment. This matter is 20 set for a telephonic trial confirmation hearing on April 11, 2022, at 1:30 p.m. before District Judge 21 Dale A. Drozd. On September 29, 2021, the Court issued a second scheduling order directing Plaintiff to file, 22 23 among other things, his pretrial statement on or before February 4, 2022. (ECF No. 97.) The deadline 24 for Plaintiff’s pretrial statement has expired, and Plaintiff has failed to comply with the Court’s 25 scheduling order or to otherwise communicate with the Court. 26 /// 27 /// 28 /// 1 Accordingly, Plaintiff is HEREBY ORDERED to show cause by written response why this 1 2 action should not be dismissed for failure to obey the court’s order and for failure to prosecute. 3 Plaintiff’s response is due within twenty (20) days from the date of service of this order. If Plaintiff 4 fails to file a response, or the response does not demonstrate good cause, the undersigned will 5 recommend dismissal of the action. 6 7 IT IS SO ORDERED. 8 Dated: 9 February 15, 2022 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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