Atkinson

(PC) McDowell v. Atkinson

Good Law
United States District Court, Eastern District of CaliforniaMarch 3, 20231:20-cv-01036California810 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWITT MCDOWELL, Case No. 1:20-cv-01036-DAD-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE IN WRITING

WHY ACTION SHOULD NOT BE

v. DISMISSED FOR FAILURE TO OBEY

COURT ORDER

ATKINSON, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Jonathan Dewitt McDowell is a former state prisoner1 proceeding pro se and in forma pauperis in this civil rights action. I. RELEVANT PROCEDURAL BACKGROUND On October 17, 2022, this Court issued its Discovery and Scheduling Order. (Doc. 63.) In relevant part, the Order set a January 17, 2023 deadline for the filing of an exhaustion motion. (Id. at 1, 3.) On January 17, 2023, Defendant Johnson filed a motion for partial summary judgment on based on exhaustion. (Doc. 65.) The motion included a Rand2 warning, and Plaintiff was advised 25 1 Plaintiff was released on parole in July 2022. (See Docket Entries dated 7/12/2022 & 8/2/2022 noting mail was returned to the Court marked…

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