(PC) Camposeco v. Boudreaux et al
ORDER to SHOW CAUSE Why Action Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 6/3/2021. Show Cause Response due within twenty-one (21) days . (Rivera, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BOUDREAUX, et al.,
Case No. 1:19-cv-01330-AWI-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
(ECF No. 31)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff Samuel Camposeco (“Plaintiff”) is a pretrial detainee proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s second amended complaint against Defendants Stamper and Jones for violation of the
First and Sixth Amendments for reading Plaintiff’s legal mail outside of Plaintiff’s presence and
confiscating the legal mail.
On April 27, 2021, Defendants filed a motion to dismiss. (ECF No. 31.) Pursuant to
Local Rule 230(l) and Federal Rule of Civil Procedure 6(d), Plaintiff’s opposition or statement of
non-opposition was due on or before May 21, 2021. The deadline for Plaintiff to respond to
Defendants’ motion to dismiss has expired, and he has not otherwise been in contact with the
Court. Plaintiff will be permitted one final opportunity to show cause why this action should not
be dismissed with prejudice.
Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN
RESPONSE within twenty-one (21) days of service of this order why this action should not be
dismissed, with prejudice, for failure to prosecute. Plaintiff may comply with the Court’s order
by filing an opposition or statement of non-opposition to Defendants’ April 27, 2021 motion to
dismiss. Plaintiff is warned that if he fails to comply with the Court’s order, this matter will
be dismissed, with prejudice, for failure to prosecute.
IT IS SO ORDERED.
June 3, 2021
UNITED STATES MAGISTRATE JUDGE
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