Ivory v. Tilton, et al.

Filing 158

ORDER to SHOW CAUSE signed by Magistrate Judge Gary S. Austin on 9/26/2013. Telephonic Hearing set for 10/3/2013 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORMAN IVORY,

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1:09-cv-01272-GSA-PC

Plaintiff,

ORDER TO SHOW CAUSE

vs.

Telephonic Hearing:
October 3, 2013, at 9:30 a.m.
Courtroom 10 (GSA)

CORRECTIONAL OFFICER S. MERAZ,
Defendant.

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ORDER FOR PLAINTIFF TO SHOW CAUSE

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Norman Ivory (“Plaintiff”) is a state prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. All parties to this action have voluntarily consented to the

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jurisdiction of Magistrate Judge Gary S. Austin, and on September 25, 2013, the case was

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assigned to Magistrate Judge Gary S. Austin for all intents and purposes, within the meaning of

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28 U.S.C. ' 636(c), to conduct any and all further proceedings in the case, including the trial

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and entry of final judgment. (Doc. 156.) This case is scheduled for trial on October 22, 2013

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at 8:30 a.m. before Magistrate Judge Gary S. Austin.

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On September 23, 2013, the court issued a minute order scheduling a telephonic status

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conference for the parties to this case on September 26, 2013, at 10:30 a.m., before Magistrate

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Judge Gary S. Austin. (Doc. 155.) The Court is aware that Plaintiff was not properly served

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with notice of this hearing, however the hearing went ahead as scheduled with the hope that the

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defendant’s attorney would be able to arrange for Plaintiff’s participation. At the hearing

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California Deputy Attorney General (DAG) David E. Brice and DAG David C. Goodwin

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appeared on behalf of Defendant Meraz. Plaintiff, who is proceeding pro se, did not appear

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notwithstanding that attempts by defense counsel to gain his appearance were made.
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Defense Counsel, prior to the September 26th hearing, informed the Court that Plaintiff

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had been released from State prison custody and was no longer incarcerated at High Desert

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State Prison. Pursuant to Local Rule 183, “[a] party appearing in propria persona shall keep the

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Court and opposing parties advised as to his or her current address.” L.R. 183(a). Plaintiff has

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not filed a notice of change of address providing the court with his current address. Thus,

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Plaintiff has failed to comply with Local Rule 183(a).

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Plaintiff is ordered to show cause why this case should not be dismissed, with prejudice,

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for Plaintiff’s failure to comply with Local Rule 183(a). The parties are therefore ordered to

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appear telephonically on October 3, 2013, at 9:30 a.m., before Magistrate Judge Gary S.

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Austin, in Courtroom 10. The Court will deliver this notice to both the address of record the

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Court has on file for Plaintiff, as well to the address supplied to the court by Defendant’s

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attorney who believes that this address may be where Plaintiff is currently receiving mail.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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The parties shall appear at a telephonic hearing on October 3, 2013, at 9:30 a.m.,

before Magistrate Judge Gary S. Austin, in Courtroom 10;
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Defense counsel shall coordinate a one-line conference call with Plaintiff prior

to calling chambers at [phone];
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Plaintiff is ordered to show cause at the hearing why this case should not be

dismissed, with prejudice, for his failure to comply with Local Rule 183(a);
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The Clerk is directed to serve Plaintiff with copies of this order at the following

two addresses:
(1)

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Norman Ivory
T-83317
High Desert State Prison
P.O. Box 3030
Susanville, CA 96127-3030

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and

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(2)

Norman Ivory
470 E. Third Street, Suite C
Los Angeles, CA 90013

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Plaintiff’s failure to comply with this order shall result in the dismissal of this action,

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with prejudice.

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IT IS SO ORDERED.
Dated:

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September 26, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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