Jackson v. Yates et al

Filing 139

ORDER to SHOW CAUSE why Sanctions should not be Imposed Against Counsel Dale McKinney; ORDER Directing Clerk of Court to Serve Copy of Order on Dale McKinney signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2014. Show Cause Response due by 12/12/2014.(Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CURTIS RENEE JACKSON,

12
13
14
15
16
17
18

Plaintiff,
v.
Y. A. YATES, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:11-cv-00080-LJO-BAM PC
ORDER TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED AGAINST
COUNSEL DALE MCKINNEY
ORDER DIRECTING CLERK OF COURT TO
SERVE COPY OF ORDER ON DALE MCKINNEY
FOURTEEN DAY DEADLINE

Plaintiff Curtis Renee Jackson, (“Plaintiff”), a state prisoner filed this civil rights action

19

pursuant to 42 U.S.C. § 1983 on January 18, 2011. This action proceeds on Plaintiff’s second

20

amended complaint against Defendant Mendez for excessive force in violation of the Eighth

21

Amendment; and against Defendants Daley, Samonte, Nichols, Valdez and Gonzales for failure to

22

intervene in violation of the Eighth Amendment.

23

Counsel Dale McKinney has submitted papers indicating his representation of Plaintiff in this

24

action. (ECF No. 137.) However, Counsel McKinney is not the attorney of record for Plaintiff and

25

has not filed a notice of appearance or notice of substitution. At a minimum, Counsel McKinney’s

26

submission of papers does not comply with this Court’s Local Rules regarding counsel identification

27

and electronic filing. Local Rules 131, 133. “Failure of counsel . . . to comply with these Rules or

28
1

1

with any order of the Court may be grounds for imposition by the Court of any and all sanctions

2

authorized by statute or Rule or within the inherent power of the Court.” Local Rule 110.

3

Accordingly, it is HEREBY ORDERED that:

4

1. Within fourteen (14) days from the date of service of this order, Dale McKinney shall show

5

cause in writing why sanctions should not be imposed for the failure to comply with this

6

Court’s rules;

7

2. The failure to respond to this order or the failure to show cause will result in the imposition
of sanctions; and

8
9

3. The Clerk of the Court is directed to serve a copy of this order on Dale McKinney at 2251
Florin Road, Suite 138, Sacramento, California 95822.

10
11
12
13
14

IT IS SO ORDERED.
Dated:

/s/ Barbara

November 25, 2014

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2