(PC) Fickenworth v. Cooper et al, No. 2:2023cv00412 - Document 12 (E.D. Cal. 2023)
Court Description: ORDER to SHOW CAUSE signed by District Judge Daniel J. Calabretta on 11/17/23 ORDERING plaintiff to SHOW CAUSE in writing within 21 days why the findings and recommendations should not be adopted and this action dismissed for failure to prosecute and failure to comply with court orders. (Benson, A.)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GARRISON THOMAS FICKENWORTH, 11 12 13 14 No. 2:23-cv-00412-DJC-JDP Plaintiff, v. ORDER TO SHOW CAUSE JIM COOPER, et al., Defendant. 15 16 On July 5, 2023, Magistrate Judge Jeremy D. Peterson issued an order 17 directing Plaintiff to show cause why this action should not be dismissed for failure to 18 prosecute and failure to comply with court orders. After Plaintiff did not respond, the 19 Magistrate Judge issued Findings and Recommendations on August 8, 2023, 20 recommending that this action be dismissed for failure to prosecute and failure to 21 comply with court orders. (ECF No. 9.) On August 24, Plaintiff filed a response to the 22 order to show cause. (ECF No. 10.) Given Plaintiff’s response to the order to show 23 cause, on September 1, 2023, the Magistrate Judge held in abeyance the Findings 24 and Recommendations and directed Plaintiff to file an amended complaint within 25 thirty days. (ECF No. 11.) 26 Thirty days have passed and Plaintiff has failed to file an amended complaint or 27 a request for an extension of time. However, the Magistrate Judge’s September 1, 28 2023 order was returned as undeliverable with the note “TEMP OUT”. While it is 1 1 Plaintiff’s duty to keep the Court advised of his address, see Local Rule 183(b), it is 2 unclear whether this mail was returned due to the Plaintiff being temporarily relocated 3 or if Plaintiff’s address has changed.1 Accordingly, IT IS HEREBY ORDERED that within 4 twenty-one days of this order, Plaintiff must show cause in writing why the findings and 5 recommendations should not be adopted and this action dismissed for failure to 6 prosecute and failure to comply with court orders. 7 IT IS SO ORDERED. 8 9 Dated: November 17, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 DJC1 – fickenworth23cv0412.osc 17 18 19 20 21 22 23 24 25 26 27 28 1 The Sacramento County Sheriff’s Office provides an online information service that provides publicly accessible information about whether an individual is in custody and where they are being held. This information can be accessed at https://www.sacsheriff.com/InmateInformation/SearchNames.aspx. A search based on Plaintiff’s name shows that Plaintiff is still in the custody of the Sacramento County Sheriff’s Office and is currently being held at the Sacramento Main Jail at the address Plaintiff has provided to the Court. 2
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