Hammler v. Wright

Filing 191

ORDER to SHOW CAUSE signed by District Judge Troy L. Nunley on 1/8/2020 VACATING the 1/13/2020 trial date and Not later than (14) fourteen days from the date of this Order, Plaintiff is ORDERED to SHOW CAUSE in writing as to why the matter should n ot be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute as a result of Plaintiff's refusal to board the transportation vehicle and subsequent failure to appear at trial. Plaintiff is further cautioned that a failure to comply with this order may result in sanctions, including dismissal of this case for failure to prosecute. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:15-cv-01645-TLN-EFB

Plaintiff,
v.

ORDER TO SHOW CAUSE

J. WRIGHT,
Defendant.

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On February 26, 2019, the Court issued a minute order setting trial in this matter for

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January 13, 2020. (ECF No. 134.) On December 3, 2019, the magistrate judge issued an Order

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and Writ of Habeas Corpus for Plaintiff Allen Hammler (“Plaintiff”) to be produced for the

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January 13 trial. (ECF No. 162.)

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Nevertheless, three days before trial, this Court was notified by counsel for Defendant J.

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Wright (“Defendant”) that Plaintiff refused to board the transport vehicle designated to transport

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him from California State Prison-Corcoran to California State Prison-Folsom so that Plaintiff

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could be timely produced for trial in the instant Court. The Court also received independent

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confirmation of Plaintiff’s refusal to board the transport vehicle from the California Department

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of Corrections and Rehabilitation. As a result of his refusal to board the transport vehicle, it

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seems Plaintiff will not appear at trial on January 13, 2020.

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Based on the foregoing, the Court hereby VACATES the January 13, 2020 trial date. Not
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later than fourteen days from the date of electronic filing of this Order, Plaintiff is ordered to

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show cause in writing as to why the above-captioned matter should not be dismissed with

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prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute as a result of

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Plaintiff’s refusal to board the transportation vehicle and subsequent failure to appear at trial.

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Plaintiff is further cautioned that a failure to comply with this order may result in sanctions,

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including dismissal of this case for failure to prosecute.

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IT IS SO ORDERED.
Dated: January 8, 2020

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Troy L. Nunley
United States District Judge

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