(PC) Harris v. Borquez ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE B. HARRIS, Case No. 1:23-cv-00046-NODJ-BAM (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 BORQUEZ, et al., (ECF No. 35) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Devonte B. Harris (“Plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Borquez and 19 Quevedo1 for deliberate fabrication of evidence in violation of the Fourteenth Amendment. 20 On December 6, 2023, Defendants filed a motion for summary judgment on the ground 21 that Plaintiff failed to exhaust his administrative remedies. (ECF No. 35.) Together with the 22 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. 36.) Pursuant to Local Rule 230(l) and Federal Rule of Civil Procedure 6(d), Plaintiff’s 26 opposition or statement of non-opposition was due on or before January 2, 2024. The deadline 27 28 1 Erroneously sued as “Queredo.” 1 for Plaintiff to respond to Defendants’ motion for summary judgment has expired, and he has not 2 otherwise been in contact with the Court. Plaintiff will be permitted one final opportunity to 3 show cause why this action should not be dismissed without prejudice. 4 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause by WRITTEN 5 RESPONSE within twenty-one (21) days of service of this order why this action should not be 6 dismissed, without prejudice, for failure to prosecute. Plaintiff may comply with the Court’s 7 order by filing an opposition or statement of non-opposition to Defendants’ December 6, 2023 8 motion for summary judgment. Plaintiff is warned that if he fails to comply with the Court’s 9 order, this matter will be dismissed, without prejudice, for failure to prosecute. 10 IT IS SO ORDERED. 11 12 Dated: January 16, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28