(PC) Gao v. Marroquin ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON ZHANG GAO, Case No. 1:19-cv-00438-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 MARROQUIN, et al., (ECF No. 30) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Jason Zhang Gao (“Plaintiff”) is a former state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds 19 against Defendant Marroquin (“Defendant”) for retaliation in violation of the First Amendment. 20 All parties have consented to United States Magistrate Judge jurisdiction. (ECF No. 29.) 21 On October 21, 2020, Defendant filed a motion for summary judgment. (ECF No. 30.) In 22 the motion, Plaintiff was provided with notice of the requirements for opposing a motion for 23 summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 24 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 1988). (ECF 25 No. 30-1.) Pursuant to Local Rule 230(l) and Federal Rule of Civil Procedure 6(d), Plaintiff’s 26 opposition or statement of no opposition was therefore due on or before November 16, 2020. The 27 deadline for Plaintiff to respond to Defendant’s motion for summary judgment has expired, and 28 1 he has not otherwise been in contact with the Court. Plaintiff will be permitted one final 2 opportunity to show cause why this action should not be dismissed with prejudice. 3 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN 4 RESPONSE within twenty-one (21) days of service of this order why this action should not be 5 dismissed, with prejudice, for failure to prosecute. Plaintiff may comply with the Court’s order 6 by filing an opposition or statement of non-opposition to Defendant’s October 21, 2020, motion 7 for summary judgment. Plaintiff is warned that if he fails to comply with the Court’s order, 8 this matter will be dismissed, with prejudice, for failure to prosecute. 9 IT IS SO ORDERED. 10 11 Dated: November 30, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28