(PC) Rios v. Gipson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RENO FUENTES RIOS, Case No. 1:14-cv-00520-NONE-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 GIPSON, et al., (ECF No. 69) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Reno Fuentes Rios (“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 on 19 Plaintiffs’ first amended complaint against Defendants Gipson, Mayo, Pina, Ortega, and Garcia 20 for improper gang validation in retaliation for filing grievances, in violation of the First 21 Amendment. 22 On July 21, 2020, Defendants filed a motion for summary judgment on the ground that 23 there is no genuine dispute as to any material fact that Defendants did not violate Plaintiff’s 24 constitutional rights, and that Defendants are entitled to qualified immunity. (ECF No. 62.) In 25 the motion, Plaintiff was provided with notice of the requirements for opposing a motion for 26 summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 27 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 1988). (ECF 28 1 No. 62-1.) Pursuant to Local Rule 230(l) and Federal Rule of Civil Procedure 6(d), and following 2 an extension of time, Plaintiff’s opposition or statement of non-opposition was due on or before 3 March 22, 2021. The deadline for Plaintiff to respond to Defendants’ motion for summary 4 judgment has expired, and he has not otherwise been in contact with the Court. Plaintiff will be 5 permitted one final opportunity to show cause why this action should not be dismissed with 6 prejudice. 7 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN 8 RESPONSE within twenty-one (21) days of service of this order why this action should not be 9 dismissed, with prejudice, for failure to prosecute. Plaintiff may comply with the Court’s order 10 by filing an opposition or statement of non-opposition to Defendants’ July 21, 2020 motion for 11 summary judgment. Plaintiff is warned that if he fails to comply with the Court’s order, this 12 matter will be dismissed, with prejudice, for failure to prosecute. 13 IT IS SO ORDERED. 14 15 Dated: April 6, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28