(PC) Tolbert v. Michael ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD SHELBY TOLBERT, Case No. 1:19-cv-00278-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 MICHAEL, (ECF Nos. 56–58) 15 Defendant. TWENTY-ONE (21) DAY DEADLINE 16 17 18 Plaintiff Edward Shelby Tolbert (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 20 Plaintiff’s third amended complaint against Defendant Michael for deliberate indifference in 21 violation of the Eighth Amendment. All parties have consented to Magistrate Judge jurisdiction. 22 (ECF No. 48.) 23 On October 14, 2022, Defendant filed a motion for summary judgment, (ECF No. 56), and 24 an amended motion for summary judgment on October 17, 2022, (ECF No. 57). On October 18, 25 2022, the Court issued a second informational order providing Plaintiff with notice of the 26 requirements for opposing a motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th 27 Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1988); Klingele v. Eikenberry, 849 F.2d 28 409, 411–12 (9th Cir. 1988). (ECF No. 58.) Pursuant to Local Rule 230(l) and Federal Rule of 1 Civil Procedure 6(d), Plaintiff’s opposition or statement of non-opposition was due on or before 2 November 10, 2022. The deadline for Plaintiff to respond to Defendant’s motion for summary 3 judgment has expired, and he has not otherwise been in contact with the Court. Plaintiff will be 4 permitted one final opportunity to show cause why this action should not be dismissed with 5 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 motion for summary 10 judgment. Plaintiff is warned that if he fails to comply with the Court’s order, this matter 11 will be dismissed, with prejudice, for failure to prosecute. 12 IT IS SO ORDERED. 13 14 Dated: November 28, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28