Delgado v. Barnes et al

Filing 56

ORDER FOR PLAINTIFF TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Signed by Judge Phyllis J. Hamilton on 8/3/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 8/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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KENNETH DELGADO,
Plaintiff,

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vs.

ORDER FOR PLAINTIFF TO
SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED

A. BARNES, T. WOOLF, B. JOHNSON,
ELOY MEDINA,

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For the Northern District of California

United States District Court

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No. C 08-2556 PJH (PR)

Defendants.
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This is a civil rights case filed pro se by a state prisoner. The court granted

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defendant Medina’s motion to dismiss and a motion for summary judgment filed by

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defendants Barnes, Woolf, and Johnson. Plaintiff appealed. The court of appeals affirmed

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most of the rulings, but reversed and remanded as to Barnes. The court reopened the

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case and referred it to Magistrate Judge Nandor Vadas for a settlement conference. Judge

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Vadas reports that he has been informed by officials at Salinas Valley State Prison that

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plaintiff refused to board the bus to transport him to Solano State Prison, where the

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settlement conference was to be held. The conference was canceled as a result.

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The court has no information as to why plaintiff refused to board the bus, but is

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aware from similar incidents in other cases that prisoner litigants may believe that attending

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remote settlement conferences will have an unfavorable impact on their housing and job

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assignments and privileges upon return. On the present record, however, it appears that

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plaintiff has failed to prosecute his case, which can be grounds for dismissal.

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Plaintiff shall show cause within twenty-eight days of the date of this order why the

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case should not be dismissed for failure to prosecute. He should support his response with

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a declaration (a statement signed under penalty of perjury) setting out any facts that he

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contends are relevant to his refusal to participate in the settlement conference. Defendant

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Barnes may respond to the plaintiff’s filing within fourteen days of the date it is filed. The

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court will then determine if the case should be dismissed. The clerk shall provide a copy of

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this order to Magistrate Judge Nandor Vadas in Eureka, California.

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IT IS SO ORDERED.
Dated: August 3, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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G:\PRO-SE\PJH\CR.08\DELGADO2556.OSC-P.wpd

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