(PC) Willis v. United States ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENTRELL WILLIS, Case No. 1:19-cv-00761-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 UNITED STATES OF AMERICA, (ECF No. 50) 15 Defendant. TWENTY-ONE (21) DAY DEADLINE 16 17 18 Plaintiff Kentrell Willis (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. 20 §§ 2401, et seq. Plaintiff seeks monetary damages from Defendant United States of America for 21 alleged sexual assault and negligence arising out of events which allegedly took place at the 22 United States Penitentiary, Atwater. All parties have consented to Magistrate Judge jurisdiction. 23 (ECF No. 49.) 24 On February 28, 2022, Defendant filed a motion for summary judgment for failure to 25 exhaust administrative remedies and/or timeliness. (ECF No. 50.) On March 1, 2022, the Court 26 issued a second informational order providing Plaintiff with notice of the requirements for 27 opposing a motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand 28 v. Rowland, 154 F.3d 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th 1 Cir. 1988). (ECF No. 52.) Pursuant to Local Rule 230(l) and Federal Rule of Civil Procedure 2 6(d), Plaintiff’s opposition or statement of non-opposition was due on or before March 25, 2022. 3 The deadline for Plaintiff to respond to Defendant’s motion for summary judgment has expired, 4 and he has not otherwise been in contact with the Court. Plaintiff will be permitted one final 5 opportunity to show cause why this action should not be dismissed with prejudice. 6 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN 7 RESPONSE within twenty-one (21) days of service of this order why this action should not be 8 dismissed, with prejudice, for failure to prosecute. Plaintiff may comply with the Court’s order 9 by filing an opposition or statement of non-opposition to Defendant’s February 28, 2022 motion 10 for summary judgment. Plaintiff is warned that if he fails to comply with the Court’s order, 11 this matter will be dismissed, with prejudice, for failure to prosecute. 12 IT IS SO ORDERED. 13 14 Dated: April 11, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28