Fuery v. Cherry et al

Filing 38

ORDER signed by District Judge Kimberly J. Mueller on 8/19/19 DIRECTING plaintiff to SHOW CAUSE within 14 days 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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Plaintiff,

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

v.

ORDER

MARK CHERRY, et al.,

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Defendants.

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Plaintiff filed a complaint on November 27, 2018, alleging civil rights violations

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as well as violations of the Americans with Disability Act. ECF No. 1. On August 24, 2018, the

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court held a hearing on several defendants’ motions to dismiss, and plaintiff failed to appear.

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ECF No. 21. The day before the hearing, plaintiff filed a request for accommodation and motion

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for extension of time to file an amended complaint, explaining that he requires additional time

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due to serious health problems. ECF No. 22. The court granted the motions to dismiss and

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directed plaintiff to file an amended complaint. ECF No. 23. The court also granted plaintiff a

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45-day extension to file the amended complaint. ECF No. 27. Plaintiff subsequently requested

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three more extensions of time to file an amended complaint, which the court granted. ECF Nos

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25, 27, 28, 29, 30, 31. After plaintiff missed the extended deadline to file an amended complaint,

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the court issued an order to show cause why the case should not be dismissed for failure to

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prosecute, ECF No. 32, and plaintiff responded, again requesting accommodations and a

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continuance, due to his ongoing health and cognitive issues. See ECF Nos. 33, 35.

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On April 26, 2019, the court granted plaintiff thirty days to file a motion to stay

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the case, including documentation to substantiate his representations regarding his health. ECF

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No. 36. “If no such motion is filed with thirty (30) days,” the court explained, “the court is

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prepared to dismiss this case without prejudice for lack of prosecution.” Id.

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To date, plaintiff has not filed an amended complaint nor a motion to stay the case,

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with supporting documentation or otherwise. IT IS THEREFORE ORDERED that plaintiff show

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cause within fourteen days of the date of this order why this case should not be dismissed for his

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failure to prosecute. Fed. R. Civ. P. 41(b).

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DATED: August 19, 2019.

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UNITED STATES DISTRICT JUDGE

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