(PC) Rivas v. Williams ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL J. RIVAS, Case No. 1:19-cv-00328-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 WILLIAMS, et al., (ECF No. 37) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Daniel J. Rivas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against 19 Defendants Williams and Garcia for deliberate indifference to a serious medical need in violation 20 of the Eighth Amendment. All parties have consented to United States Magistrate Judge 21 jurisdiction. (ECF Nos. 6, 24.) 22 On February 18, 2021, Defendants filed a motion for summary judgment on the ground 23 that Plaintiff failed to properly exhaust his available administrative remedies. (ECF No. 37.) In 24 the motion, Plaintiff was provided with notice of the requirements for opposing a motion for 25 summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 26 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 1988). (ECF 27 No. 37-1.) Pursuant to Local Rule 230(l) and Federal Rule of Civil Procedure 6(d), Plaintiff’s 28 1 opposition or statement of non-opposition was therefore due on or before March 15, 2021. The 2 deadline for Plaintiff to respond to Defendants’ motion for summary judgment has expired, and 3 he has not otherwise been in contact with the Court. Plaintiff will be permitted one final 4 opportunity to show cause why this action should not be dismissed with prejudice. 5 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN 6 RESPONSE within twenty-one (21) days of service of this order why this action should not be 7 dismissed, with prejudice, for failure to prosecute. Plaintiff may comply with the Court’s order 8 by filing an opposition or statement of non-opposition to Defendants’ February 18, 2021 motion 9 for summary judgment. Plaintiff is warned that if he fails to comply with the Court’s order, 10 this matter will be dismissed, with prejudice, for failure to prosecute. 11 IT IS SO ORDERED. 12 13 Dated: March 29, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28