Ortega v. Reyes, et al.,

Filing 103

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/04/11 ordering that within 5 days from the date of this order plaintiff shall file and serve papers showing cause why this action should not be dismissed pursuant to Rule 41(b). (cc: OTCD)(Plummer, M) Modified on 11/4/2011 (Plummer, M).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAZARUS ORTEGA,

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Plaintiff,

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No. CIV S-08-0588 CKD P

vs.
WILLIAMSON, et al,

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ORDER TO SHOW CAUSE

Defendants.

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/

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42

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U.S.C. § 1983. This case is set for trial on November 30, 2011. On November 3, 2011,

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defendants filed a motion to dismiss this action pursuant to Federal Rule of Civil Procedure

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41(b), citing plaintiff’s failure to timely file a pretrial statement per Federal Rule of Civil

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Procedure 16, E.D. Cal. Local Rule 281, and Judge Mollway’s September 12, 2011 order

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granting the parties until October 17, 2011 to file pretrial statements. Defendants similarly cite

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plaintiff’s failure to file any motions in limine or jury instructions by the October 17, 2011

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deadline, per the federal and local rules and Judge Mollway’s September 12, 2011 order.

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Good cause appearing, IT IS HEREBY ORDERED that within five days from the

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date of this order plaintiff shall file and serve papers showing cause why this action should not be

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dismissed pursuant to Rule 41(b).

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DATED: November 4, 2011

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/s/ Carolyn K. Delaney
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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orte0588.osc

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