Estrada v. California Correctional Institution et al

Filing 29

ORDER to SHOW CAUSE Why Action should not be Dismissed for Failure to Prosecute and Comply with a Court Order; Show Cause Response due within Fourteen (14) Days signed by Magistrate Judge Stanley A. Boone on 10/14/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS ESTRADA,

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Plaintiff,
v.
CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,
Defendants.

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Case No.: 1:18-cv-00599-AWI-SAB (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO PROSECUTE AND COMPLY WITH A
COURT ORDER
(ECF Nos. 25, 26)

Plaintiff Nicholas Estrada is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On August 20, 2020, the Court set this case for a settlement conference before United States
Magistrate Judge Barbara A. McAuliffe on October 14, 2020, at 9:30 a.m. (ECF No. 25.)
On September 17, 2020, the Court directed that the parties appear remotely at the settlement

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conference. (ECF No. 26.) The September 17, 2020 order specifically stated that Plaintiff could

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“appear by video, if he has access to a device with an internet connection and a web camera. If

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Plaintiff does not have access to such a device, he may appear by telephone. Counsel for Defendants

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shall appear by video, via the Zoom application. Counsel for Defendants shall contact Courtroom

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Deputy, Esther Valdez, at [phone] or [e-mail] for the video and dial-in

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information, including any necessary passcodes, for all parties. Counsel for Defendants shall then
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provide the appropriate contact information to the Plaintiff (both Zoom video information and Zoom

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dial-in information) by private communication to facilitate Plaintiff’s remote appearance. Plaintiff may

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also contact the Courtroom Deputy directly to obtain the necessary video and dial-in information.”

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(ECF No. 26 at 1:22-2:2.)
Plaintiff did not appear at the October 14, 2020 settlement conference or otherwise

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communicate with the Court or defense counsel.
Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of

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service of this order, Plaintiff shall show cause in writing why the instant action should not be

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dismissed for Plaintiff’s failure to comply with the Court’s August 25, 2020 order and failure to

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prosecute this action. See Fed. R. Civ. P. 41(b); see also Local Rule 110 (“Failure of ... a party to

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comply with these Rules or with any order of the Court may be grounds for imposition by the Court of

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any and all sanctions authorized by statute or Rule or within the inherent power of the Court.”); Local

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Rule 183(a) (a pro se party's failure to comply with the Federal Rules of Civil Procedure, the court's

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Local Rules, and other applicable law may be ground for dismissal). Plaintiff is warned that failure to

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comply with this order will result in a recommendation to a District Judge that the instant action be

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dismissed for failure to comply with a court order and failure to prosecute.

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IT IS SO ORDERED.

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Dated:

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October 14, 2020
UNITED STATES MAGISTRATE JUDGE

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