Rodriguez v. Santa Clara County-Main Jail

Filing 19

SECOND ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE. Show Cause Response due by 1/11/2013.. Signed by Judge Jeffrey S. White on 12/10/11. (jjoS, COURT STAFF) (Filed on 12/10/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 MARIO ALBERTO RODRIGUEZ, JR., 11 For the Northern District of California United States District Court 10 12 No. C 12-04033 JSW Plaintiff, v. 13 SANTA CLARA COUNTY MAIN JAIL, 14 SECOND ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE Defendant. / 15 16 Plaintiff, appearing pro se, did not appear at the initial case management conference 17 held on Friday, November 2, 2012. On November 15, 2012, the Court received a response to its 18 order to show cause regarding dismissal for failure to prosecute indicating that Plaintiff was 19 unable to afford the trip to Court from his home in Fresno, California. In the future, Plaintiff 20 may appear by telephone at Court appearances by submitting such a request in writing with his 21 telephone number. 22 Now the Court has received notice from Defendant that Plaintiff has failed to respond to 23 discovery in this matter. Although Plaintiff proceeds pro se, he is obligated to prosecute his 24 case and respond to outstanding discovery requests. 25 Accordingly, Plaintiff is again HEREBY ORDERED TO SHOW CAUSE in writing as 26 to why this case should not be dismissed for failure to prosecute. Plaintiff’s written response to 27 this Order to Show Cause shall be due by January 11, 2013 or this case shall be dismissed for 28 failure to prosecute. 1 Plaintiff may satisfy the requirements of this Order by submitting proof to the Court that 2 he has served responses to the outstanding discovery to Defendant or he may request a 3 reasonable continuation of the discovery deadline supported by good cause. 4 5 6 IT IS SO ORDERED. Dated: December 10, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MARIO ALBERTO RODRIGUEZ JR., Case Number: CV12-04033 JSW Plaintiff, CERTIFICATE OF SERVICE 6 7 v. 8 9 Defendant. / 11 For the Northern District of California United States District Court 10 SANTA CLARA COUNTY MAIN JAIL et al, 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 10, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Mario Alberto Rodriguez P.O. Box 12945 Fresno, CA 93779 19 20 21 Dated: December 10, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 22 23 24 25 26 27 28 3

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