Blackwell v. Robinson et al

Filing 61

ORDER TO SHOW CAUSE. Show Cause Response due by 5/31/2013. Signed by Judge Jon S. Tigar on May 15, 2013. (wsn, COURT STAFF) (Filed on 5/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN DIEZ BLACKWELL,

Case No. 12-cv-04329-JST

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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STEVEN ROBINSON, et al.,

United States District Court
Northern District of California

Defendants.
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In its Order dismissing without prejudice Plaintiff’s claims against Defendants Steven

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Robinson, the Madera County Sheriff’s Department, and Bank of the West, ECF No. 58 (April 10,

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2013), this Court ordered: “Plaintiff shall amend his complaint, should he choose to continue with

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this litigation, by no later than thirty days from the date of this Order. Failure to amend by the

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deadline may result in dismissal.” Id. at 15:1–3. Plaintiff’s amended complaint was due May 10,

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2013. He has not filed one.

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Accordingly, the Court hereby ORDERS PLAINTIFF TO SHOW CAUSE why the Court

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should not dismiss this action for failure to prosecute, pursuant to Federal Rule of Civil Procedure

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41(b). See Link v. Wabash R. Co., 370 U.S. 626, 630 (1962) (recognizing district court’s

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“inherent power” to dismiss action with prejudice sua sponte for failure to prosecute). Plaintiff

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must respond to this order in writing by not later than May 31, 2013.

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The Court notes that “[p]ro se litigants must follow the same rules of procedure that

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govern other litigants.” King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987) (overruled on other

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grounds). Plaintiff's failure to respond to this Order, or Plaintiff's failure to show good cause for

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his non-compliance with the Court’s orders and procedural rules, shall constitute an additional

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ground for the imposition of appropriate sanctions, including involuntarily dismissal with

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prejudice.

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IT IS SO ORDERED.
Dated: May 15, 2013
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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