Pimentel v. Beard et al

Filing 79

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 09/17/18 ORDERING that within 20 days of the date of this order, plaintiff shall file a document showing why this case should not be dismissed for his failure to file an opposition to the summary judgment motion. (Plummer, M)

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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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Plaintiff,

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No. 2:14-cv-1192 MCE DB P

v.

ORDER TO SHOW CAUSE

BRETT MATHEW FLEMING,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. On June 29, 2018, defendant filed a motion for summary judgment. In July

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2018, plaintiff requested, and was granted, a thirty-day extension of time to respond. (ECF Nos.

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75, 78.) Pursuant to the court’s order filed July 31, 2018, plaintiff’s opposition to the summary

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judgment motion was due to be placed in the mail by August 31, 2018. To date, plaintiff has not

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filed an opposition to the summary judgment motion or otherwise responded to the court’s July

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31 order.

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Accordingly, IT IS HEREBY ORDERED that within twenty days of the date of this order,

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plaintiff shall file a document showing why this case should not be dismissed for his failure to file

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an opposition to the summary judgment motion. If plaintiff fails to respond to this order, this

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court will recommend the action be dismissed without prejudice for plaintiff’s failure to comply

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with court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b).

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Dated: September 17, 2018

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DLB:9
DB/prisoner-civil rights/pime1192.fta osc

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