(PC) Camposeco v. Boudreaux et al
Filing
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ORDER DISCHARGING 33 Order to Show Cause Why Action Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 6/7/2021. Defendants' reply, if any, to Plaintiff's opposition to the motion to dismiss is due within seven (7) days from the date of filing of the opposition. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SAMUEL CAMPOSECO,
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Plaintiff,
v.
Case No. 1:19-cv-01330-AWI-BAM (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE WHY ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE
BOUDREAUX, et al.,
(ECF No. 31)
Defendants.
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Plaintiff Samuel Camposeco (“Plaintiff”) is a pretrial detainee proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
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Plaintiff’s second amended complaint against Defendants Stamper and Jones for violation of the
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First and Sixth Amendments for reading Plaintiff’s legal mail outside of Plaintiff’s presence and
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confiscating the legal mail.
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On April 27, 2021, Defendants filed a motion to dismiss. (ECF No. 31.) Following
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Plaintiff’s failure to timely file an opposition, on June 3, 2021, the Court ordered Plaintiff to show
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cause by written response why this action should not be dismissed, with prejudice, for failure to
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prosecute. (ECF No. 33.) Plaintiff was informed that he may comply with the Court’s order by
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filing an opposition or statement of non-opposition to Defendants’ motion to dismiss. (Id. at 2.)
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On June 4, 2021, Plaintiff filed an opposition, dated May 24, 2021, to Defendants’ motion
to dismiss. (ECF No. 34.) Although it appears Plaintiff’s opposition was mailed before he
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received the Court’s order to show cause, the Court accepts the opposition as filed in response to
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the order to show cause.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1. The June 3, 2021 order to show cause, (ECF No. 33), is DISCHARGED; and
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2. Defendants’ reply, if any, to Plaintiff’s opposition to the motion to dismiss is due within
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seven (7) days from the date of filing of the opposition.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 7, 2021
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
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