Garza v. Rios et al

Western District of Texas, txwd-5:2019-cv-00451

ORDER TO SHOW CAUSE as to Humberto M. Garza.(Show Cause Response due by 7/12/2019,), DENYING {{12}} MOTION for Reconsideration re {{10}} Order on Motion for Miscellaneous Relief filed by Humberto M. Garza, DENYING {{13}} MOTION for Service filed by Humberto M. Garza. Signed by Judge Elizabeth S. Chestney.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION HUMBERTO M. GARZA, § #0530816, § § Plaintiff, § § vs. § CIVIL NO. SA-19-CV-0451-OLG(ESC) § OFFICER F/N/U RIOS and OFFICER § F/N/U GARCIA, Correctional Officers at § GEO Facility, § § Defendants. § ORDER DIRECTING A RESPONSE TO THIS COURT'S ORDER TO SHOW CAUSE On May 10, 2019, Plaintiff was ordered to show cause within twenty-one (21) days why his Complaint should not be dismissed pursuant to §§ 1915(e)(2)(B)(i)-(ii) and 1915A(b)(1), for failure to state a claim by filing an amended complaint, of no more than twenty pages, addressing the deficiencies discussed in this Court's Order [#6]. Since that date, Plaintiff has filed a Notice of Change of Address [#7], Motion for Access to Law Library [#8], two Advisories [#9 and #11], and most recently, a Motion for Reconsideration [#12], and a Motion for Service [#13]. In his most recent Advisory [#11], which is directed to the Clerk of the Court, Plaintiff states he has not been advised about serving the Defendants, has not received a copy of his Complaint, and has not received confirmation of his change of address. To date, Plaintiff has not responded to this Court's Order to Show Cause. Accordingly, IT IS ORDERED that on or before July 12, 2019, Plaintiff must respond to this Court's Order to Show Cause, a copy of which shall be attached to this Order. 1 IT IS FURTHER ORDERED THAT Plaintiff's Motion for Reconsideration [#12] and Motion for Service [#13] are DENIED. Plaintiff is advised that if he does not respond to the Show Cause Order [#6] on or before July 12, 2019, his Complaint may also be dismissed for failure to prosecute and failure to comply with this Order. See Fed. R. Civ. P. 41(b). SIGNED this 25th day of June, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 2