Smith v. Stovall et al

Filing 88

ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 12/20/2011. Within 10 days from date of Order, plaintiff shall SHOW CAUSE in writing why this action should not be dismissed for failure to oppose defendants' Motion and failure to comply with Court's 11/15/2011 80 Order. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHEAL SMITH, Plaintiff, 11 vs. 12 13 No. 2:08-cv-2492-LKK-JFM (PC) R. STOVALL, et al., Defendants. 14 ORDER TO SHOW CAUSE / 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 16 17 42 U.S.C. § 1983. On November 8, 2011, defendants filed a motion to dismiss this action as a 18 sanction for plaintiff’s failure to pay discovery expenses pursuant to an order filed September 23, 19 2010. By order filed November 15, 2011, plaintiff was ordered to file an opposition to 20 defendants’ motion to dismiss within ten days. The ten day period has passed and plaintiff has 21 not filed an opposition to the motion to dismiss nor responded in any way to the November 15, 22 2011 order. 23 Accordingly, good cause appearing, IT IS HEREBY ORDERED that within ten 24 days from the date of this order plaintiff shall show cause in writing why this action should not 25 ///// 26 ///// 1 1 be dismissed for failure to oppose defendants’ motion, see Local Rule 230(l), and for failure to 2 comply with the court’s November 15, 2011 order. Plaintiff is cautioned that failure to respond 3 to this order will result in the dismissal of this action. 4 DATED: December 20, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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