Tate v. Cate et al

Filing 6

ORDER to SHOW CAUSE Re Plaintiff's Failure to Respond to the Court's 5 Order Re Consent or Request for Reassignment; Response Due in 30 Days signed by Magistrate Judge Gary S. Austin on 7/31/2009. Show Cause Response due by 9/2/2009. (Sant Agata, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On April 30, 2009, and again on June 15, 2009, the court issued an order requiring 18 plaintiff to consent to or decline Magistrate Judge jurisdiction within thirty days. The thirty-day 19 period has now expired, and plaintiff has not returned the form, or otherwise responded to the 20 court's order. 21 Local Rule 11-110 provides that "failure of counsel or of a party to comply with 22 these Local Rules or with any order of the Court may be grounds for the imposition by the Court 23 of any and all sanctions . . . within the inherent power of the Court." 24 Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days 25 from the date of service of this order, plaintiff shall complete and return the Order Re Consent or 26 Request for Reassignment, a copy of which is attached hereto, or show cause, in writing, why 27 /// 28 vs. MATTHEW CATE, et al., Defendants. ________________________________/ LARRY TATE, Plaintiff, 1:09-cv-00770-GSA (PC) ORDER TO SHOW CAUSE RE PLAINTIFF'S FAILURE TO RESPOND TO THE COURT'S ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT RESPONSE DUE IN 30 DAYS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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sanctions, up to and including dismissal of this action, should not be imposed against him for failing to obey a court order.

IT IS SO ORDERED. Dated: i0d3h8

July 31, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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