Gann v. Kokor et al

Filing 72

ORDER Discharging Order to Show Cause why this Action should not be Dismissed for Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 01/13/2023.(Flores, E)

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Case 1:18-cv-00084-BAM Document 72 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATHANIEL MARCUS GANN, 12 Plaintiff, 13 v. 14 VERA-BROWN, 15 Case No. 1:18-cv-00084-BAM (PC) ORDER DISCHARGING ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (ECF No. 70) Defendant. 16 17 Plaintiff Nathaniel Marcus Gann (“Plaintiff”) is a state prisoner proceeding pro se in this 18 civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second 19 amended complaint against Defendant Vera-Brown for deliberate indifference to serious medical 20 needs in violation of the Eighth Amendment. All parties have consented to Magistrate Judge 21 jurisdiction. (ECF No. 52.) 22 On October 17, 2022, the Court’s order granting Defendant’s motion to vacate scheduling 23 order was returned as “Undeliverable, Out to Court” after being mailed to Plaintiff’s address of 24 record. After receiving no other communications from Plaintiff, on December 23, 2022, the 25 Court issued an order directing Plaintiff to file a notice of his current address or show cause in 26 writing why this action should not be dismissed for failure to prosecute. (ECF No. 70.) 27 28 On January 9, 2023, Plaintiff filed a response to the order to show cause. (ECF No. 71.) Plaintiff states that he has not changed addresses, and it is not the first time the institution has 1 Case 1:18-cv-00084-BAM Document 72 Filed 01/17/23 Page 2 of 2 1 failed to deliver Plaintiff’s legal mail. Plaintiff has not been out to court since arrival at this 2 institution, and has only had telephonic or video court appearances in that time. Plaintiff 3 addressed the issue with the Litigation Coordinator and the officer who delivers mail at the 4 facility, but was offered no ideas as to why the mail was not delivered. (Id.) 5 Based on Plaintiff’s response, the December 23, 2022 order to show cause, (ECF No. 70), 6 is HEREBY DISCHARGED. The action will continue, and the parties’ pending motions will be 7 resolved in due course. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara January 13, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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