Khan v. City of Lodi

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 2/6/19 DIRECTING plaintiff to SHOW CAUSE in writing within 14 days why his failure to submit a timely status report should not result in a recommendation that this case be dismissed for failure to prosecute. The filing a status report within this timeframe will serve as cause and will discharge this order. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MUDDSAR KHAN,

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No. 2:17-cv-02169-MCE-AC (PS)

Plaintiff,
v.

ORDER

M. HITCHCOCK, et al.,
Defendants.

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On April 12, 2018, the previously-assigned magistrate judge granted plaintiff an

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unspecified amount of time to effect service of the complaint on the condition that he notify the

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court every 60 days of the status of his pending state action. ECF 15. The court warned that

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failure to submit status updates may result in dismissal of this case with prejudice. Id. Plaintiff’s

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last update was submitted on December 5, 2018. ECF No. 23. More than 60 days has passed,

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and plaintiff has not filed another status report.

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Good cause appearing, IT IS HEREBY ORDERED that plaintiff shall show cause, in

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writing, within 14 days, why his failure to submit a timely status report should not result in a

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recommendation that this case be dismissed for failure to prosecute. The filing a status report

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within this timeframe will serve as cause and will discharge this order. However, the court

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cautions plaintiff that a second instance of non-compliance with his obligation to file status

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reports every 60 days will likely result in a recommendation of dismissal without further warning.
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If plaintiff fails to respond to this order, the court will recommend dismissal of his case pursuant

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to Local Civil Rule 110.

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DATED: February 6, 2019

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