Pimentel v. Beard et al

Filing 13

ORDER signed by Magistrate Judge Dale A. Drozd on 8/4/15: Plaintiff has thirty days from the date of this order in which to show cause why his case should not be dismissed. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICARDO PIMENTEL,

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No. 2:14-cv-1192 DAD

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al.,
Defendants.

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Plaintiff is a state prisoner who filed an action for alleged civil rights violations under 42

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U.S.C. § 1983. By an order filed December 31, 2014, plaintiff was required to complete and

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return to the court, within thirty days, the USM-285 forms necessary to effect service on the

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defendant, Brett Matthew Fleming. (See ECF No. 10.) That thirty-day period has long since

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passed, and plaintiff has not responded in any way to the court’s order.

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Local Rule 110 states that “[f]ailure of ... a party to comply with these Rules or with any

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order of the Court may be grounds for imposition by the Court of any and all sanctions authorized

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by statute or Rule or within the inherent power of the Court.” Federal Rule of Civil Procedure

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41(b) authorizes dismissal of a case for a party’s failure to prosecute his claims or for failure to

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comply with a court order. In this case, plaintiff’s failure to comply with the court’s order of

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December 31, 2014, suggests that plaintiff does not intend to prosecute his claims further. The

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court will grant plaintiff thirty days from the date of this order in which to show cause why his
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case should not be dismissed. Failure to respond to this order will result in a recommendation

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that this action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff has thirty days from the date of

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this order in which to show cause why his case should not be dismissed pursuant to Federal Rule

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Civil Procedure 41(b) and Local Rule 110.

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Dated: August 4, 2015

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