Jones v. Walker, et al

Filing 14

ORDER to SHOW CAUSE signed by Chief Judge Robert H. Whaley on 4/19/2012 ORDERING that Plaintiff shall SHOW CAUSE within 45 days from the date of this Order, why this case should not be dismissed for failure to prosecute. (Waggoner, D)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 EUGENE JONES, III, 9 Plaintiff, 10 11 12 NO. CV-08-2534-RHW v. CORRECTIONAL OFFICER J. LEBECK, ORDER TO SHOW CAUSE Defendant. 13 14 On December 2, 2010, the Court entered an Order Directing Service (ECF 15 16 No. 9). The Court directed that the Clerk of Court send Plaintiff certain 17 documents, including the Notice of Submission of Documents, a USM-285 Form, 18 a summons, and instruction sheet and a copy of the complaint. On December 9, 19 2010, Plaintiff filed a notice in which he stated that he did not receive the 20 summons or the USM-285 Form. According to the Court Record, Plaintiff was 21 sent the USM-285 form and a summons on December 16, 2010. On December 20, 22 2010, Plaintiff filed his First Amended Complaint; however, Plaintiff has not filed 23 a Notice of Submission of Documents as directed by the Court’s Order. 24 /// 25 /// 26 /// 27 /// 28 /// ORDER TO SHOW CAUSE~ 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. Within 45 days from the date of this Order, Plaintiff is directed to 3 show cause why the above-captioned case should not be dismissed for failure to 4 prosecute. 5 IT IS SO ORDERED. The District Court Executive is directed to enter 6 this Order and forward a copy to Plaintiff. 7 DATED this 19th day of April, 2012. 8 9 10 11 s/Robert H. Whaley ROBERT H. WHALEY United States District Judge 12 13 14 15 C:\W INDOW S\Temp\notes101AA1\review.wpd 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE~ 2

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