Lowry v. Reginald et al

Filing 13

ORDERED: On or before October 31, 2019, Mr. Lowry must show cause why this matter should not be dismissed for failure to prosecute. A failure to respond to this Order will result in dismissal of this action. See Fed.R.Civ.P. 41(b); Malonev. U.S. Postal Service, 833 F.2d 128 (9th Cir. 1987)(a court may dismiss an action,with prejudice, for failure to obey a court order). Copy of Order mailed to Lowry with (Docs. 10, 11) Signed by Magistrate Judge John Johnston on 10/9/2019. (HEG)

10/9/2019
10/9/2019

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
BOBBY FRANCIS LOWRY,

CV 19-00030-H-DLC-JTJ

Plaintiff,
vs.

ORDER TO SHOW CAUSE

MICHAEL D. REGINALD, MONTANA
DEPARTMENT OF CORRECTIONS,
UNKNOWN OWNERS OF MONTANA
BASED PRE-RELEASE CENTERS,
Defendants.
Plaintiff Bobby Lowry, a state prisoner proceeding without counsel, filed a
Complaint alleging he has been denied entry into pre release programs based upon
his hearing disability. (Doc. 2.) Defendant Michael filed a Motion to Dismiss on
August 29, 2019. (Doc. 10.) Because Mr. Lowry has not filed a response to
Defendant Michael’s Motion to Dismiss, it appears that he does not intend to
prosecute this case further.1

Mr. Lowry filed a notice of change of address dated September 1, 2019 and
the Montana Department of Corrections website indicates that Mr. Lowry was paroled
on September 4, 2019. It may be possible that Mr. Lowry did not receive a copy of
Defendants’ motion. The Clerk of Court shall provide Mr. Lowry a copy of
Defendant Michael’s motion and brief in support thereof (Docs. 10-11).
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Accordingly, the Court issues the following:
ORDER
1. On or before October 31, 2019, Mr. Lowry must show cause why this
matter should not be dismissed for failure to prosecute. A failure to respond to
this Order will result in dismissal of this action. See Fed.R.Civ.P. 41(b); Malone
v. U.S. Postal Service, 833 F.2d 128 (9th Cir. 1987)(a court may dismiss an action,
with prejudice, for failure to obey a court order).
2. At all times during the pendency of this action, Mr. Lowry must
immediately advise the Court and opposing counsel of any change of address and
its effective date. Failure to file a notice of change of address may result in the
dismissal of the action for failure to prosecute pursuant to Federal Rule of Civil
Procedure 41(b).
DATED this 9th day of October, 2019.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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