(PC) Camposeco v. Boudreaux et al

Filing 35

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL CAMPOSECO, 12 13 14 15 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. 16 17 Plaintiff Samuel Camposeco (“Plaintiff”) is a pretrial detainee proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s second amended complaint against Defendants Stamper and Jones for violation of the 20 First and Sixth Amendments for reading Plaintiff’s legal mail outside of Plaintiff’s presence and 21 confiscating the legal mail. 22 On April 27, 2021, Defendants filed a motion to dismiss. (ECF No. 31.) Following 23 Plaintiff’s failure to timely file an opposition, on June 3, 2021, the Court ordered Plaintiff to show 24 cause by written response why this action should not be dismissed, with prejudice, for failure to 25 prosecute. (ECF No. 33.) Plaintiff was informed that he may comply with the Court’s order by 26 filing an opposition or statement of non-opposition to Defendants’ motion to dismiss. (Id. at 2.) 27 28 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 1 1 received the Court’s order to show cause, the Court accepts the opposition as filed in response to 2 the order to show cause. 3 Accordingly, IT IS HEREBY ORDERED as follows: 4 1. The June 3, 2021 order to show cause, (ECF No. 33), is DISCHARGED; and 5 2. Defendants’ reply, if any, to Plaintiff’s opposition to the motion to dismiss is due within 6 seven (7) days from the date of filing of the opposition. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara June 7, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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