Fuery v. Cherry et al

Filing 32

ORDER signed by District Judge Kimberly J. Mueller on 3/1/19 DIRECTING plaintiff to SHOW CAUSE within 7 days as to why this case should not be dismissed for his failure to prosecute. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN J. FUERY,

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No. 2:18-cv-00982-KJM-CKD
Plaintiff,

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v.

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CHERRY et al.,

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ORDER

Defendants.

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Plaintiff filed a complaint on April 18, 2018, alleging violations of plaintiff’s due

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process rights, under the Fifth and Fourteenth Amendments, and the Americans with Disability

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Act. ECF No. 1. On June 27, 2018, defendant Alexander Asterlin moved to dismiss the

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complaint. ECF No. 15. Neither plaintiff nor plaintiff’s counsel appeared for the motion hearing

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on August 24, 2018. ECF No. 21. The court granted the motion to dismiss and granted plaintiff

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leave to amend his complaint. ECF No. 23. When plaintiff filed a motion for extension of time,

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citing ongoing health problems, the court granted plaintiff a 45-day extension to file an amended

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complaint. ECF Nos. 22, 24. Plaintiff did not meet this deadline, but instead filed another

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motion for an extension. ECF Nos. 25, 26. Again, the court granted the extension, this time for

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30 days. ECF No. 27. Plaintiff requested and the court granted two more 30-day extensions.

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ECF Nos. 29–31. Now, plaintiff has not met the most recent deadline to file an amended

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complaint and has not requested another extension.
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IT IS THEREFORE ORDERED that plaintiff show cause within seven (7) days of

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the date of this order why this case should not be dismissed for his failure to prosecute. Fed. R.

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Civ. P. 41(B).

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DATED: March 1, 2019.

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UNITED STATES DISTRICT JUDGE

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