Maughs v. Shasta County Sheriff, et al.

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 11/6/17, ORDERING that plaintiff shall SHOW CAUSE in writing, within 30 days of the date of this order, why this action should not be dismissed for his failure to prosecute this action. (Kastilahn, A)

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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 11 CHRISTOPHER ROBIN MAUGHS, 12 Plaintiff, 13 14 No. 2:17-cv-1294-JAM-CMK-P vs. ORDER SHASTA COUNTY SHERIFF, et. al., 15 Defendants. 16 / Plaintiff, who is proceeding in propria persona, brings this civil rights action 17 18 pursuant to 42 U.S.C. ยง 1983. On June 26, 2017, the court issued an Order Setting Status 19 Conference. In that order, the court set a Status Conference to be held on November 1, 2017 at 20 10:00 a.m. before the undersigned. All parties were ordered to appear through counsel or in 21 person if acting without counsel. The parties were also ordered to submit a status report no later 22 than seven days prior to the Conference. Defendant filed a status report on October 25, 2017, 23 and served the same on plaintiff. Plaintiff, who is not represented in this case by counsel, did not 24 file a status report. On November 1, 2017, the court held the Status Conference. Defense 25 counsel, Gary Brickwood was present in court. Plaintiff did not appear. 26 /// 1 1 In the status report filed, the defense suggests it may be appropriate to stay this 2 case due to underlying criminal proceedings against plaintiff in the Shasta County Court. 3 However, prior to entertaining whether a stay is appropriate in this matter, the court will require 4 plaintiff to show his intention of continuing in this action. As plaintiff has not followed court 5 order nor appeared at the court ordered status conference, it would appear that plaintiff is no 6 longer interested in pursuing this action. If he is, plaintiff will be required to respond to this 7 order and to inform the court as to the status of the underlying criminal proceedings and whether 8 a stay would be appropriate. If no response to this order is filed, the court will assume plaintiff is 9 no longer interested in pursuing this action. 10 Accordingly, plaintiff shall show cause in writing, within 30 days of the date of 11 this order, why this action should not be dismissed for his failure to prosecute this action. In his 12 response, plaintiff shall inform the court as to the status of the underlying criminal proceedings 13 against him in the Shasta County Court, and to inform the court as to whether a stay would be 14 appropriate. Plaintiff is warned that failure to respond to this order may result in dismissal of the 15 action for failure to prosecute and comply with court rules and orders. See Local Rule 110. 16 IT IS SO ORDERED. 17 18 19 20 DATED: November 6, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 2

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