Opinion
2:19-cv-01792-DJC-CKD P
11-20-2023
JAMISI JERMAINE CALLOWAY, Plaintiff, v. D. NIEVES, et al., Defendants.
ORDER
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Following the partial denial of defendant Nieves' motion for summary judgment, this case was referred to the court's ADR program for purposes of scheduling a settlement conference. See ECF No. 120. A review of the docket indicates that the court was unable to conduct a settlement conference in this matter on two separate occasions based on plaintiff's non-compliance with his dialysis treatment. See ECF No. 133 (Minute Entry). After the last failed attempt, the magistrate judge concluded that any further efforts to conduct a settlement conference in this case “would be a waste of judicial resources” and recommended that plaintiff be ordered to show cause why this case should not be dismissed based upon his failure to prosecute. ECF No. 133.
The undersigned has reviewed the history of this case and concurs that, at this juncture, plaintiff shall be ordered to show cause why this case should not be dismissed in light of his failure to prosecute this matter.
Accordingly, IT IS HEREBY ORDERED that:
1. Within 30 days from the date of this order, plaintiff shall show cause in writing why this action should not be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) based on plaintiff's failure to prosecute this case.
2. Plaintiff's failure to respond to this order shall result in a recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).