(PC) Martinez v. Rojas ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO MARTINEZ, Case No. 1:16-cv-01467-DAD-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO OBEY COURT ORDERS 14 F. ROJAS, (ECF Nos. 52, 55, 57, 59) 15 Defendant. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Antonio Martinez is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. 19 On September 10, 2019, Defendant F. Rojas filed a motion for summary judgment for 20 failure to exhaust administrative remedies. (ECF No. 52.) Plaintiff was provided with notice of 21 the requirements for opposing a motion for summary judgment. Woods v. Carey, 684 F.3d 934 22 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.1988); Klingele v. Eikenberry, 849 23 F.2d 409, 411–12 (9th Cir.1988). (ECF No. 52-1.) 24 On October 9, 2019, the Court granted Plaintiff a thirty-day extension of time to file an 25 opposition to Defendant’s summary judgment motion. (ECF No. 55.) However, Plaintiff failed 26 to file an opposition within the allotted time. Therefore, on November 21, 2019, the Court issued 27 an order directing Plaintiff to file an opposition, or a statement of non-opposition, to Defendant’s 28 motion for summary judgment within twenty-one days from the date of service of the order. 1 (ECF No. 57.) 2 In response to the Court’s November 21, 2019 order, Plaintiff filed a motion for a second 3 extension of time. (ECF No. 58.) On December 9, 2019, the Court granted Plaintiff a second 4 thirty-day extension of time to file an opposition to Defendant’s summary judgment motion. 5 (ECF No. 59.) Plaintiff’s opposition, or statement of non-opposition, to Defendant’s motion for 6 summary judgment was therefore due on or before Monday, January 13, 2020. 7 To date, Plaintiff has not filed an opposition, or statement of non-opposition, to 8 Defendant’s motion for summary judgment, nor has Plaintiff otherwise communicated with the 9 Court. Plaintiff will be permitted one final opportunity to show cause why this action should not 10 be dismissed with prejudice. 11 Accordingly, it is HEREBY ORDERED that, within fourteen (14) days from the date of 12 service of this order, Plaintiff shall show cause in writing why the instant action should not be 13 dismissed for Plaintiff’s failure to comply with the Court’s October 9, 2019, November 21, 2019, 14 and December 9, 2019 orders and failure to prosecute. Plaintiff may comply with this order to 15 show cause by filing an opposition, or statement of non-opposition, to Defendant’s motion for 16 summary judgment. Plaintiff is warned that failure to comply with this order to show cause 17 will result in a recommendation to the District Judge that this action be dismissed for 18 failure to prosecute and failure to obey court orders. 19 IT IS SO ORDERED. 20 21 Dated: January 24, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28