Kunkel v. Lopez et al

Filing 6

ORDER to SHOW CAUSE signed by Magistrate Judge Gerald B. Cohn on 9/21/2011. Show Cause Response due by 10/25/2011. (Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

PATRICK KUNKEL,

CASE NO. 1:11-cv-01026-GBC (PC)

10

ORDER TO SHOW CAUSE RE
PETITIONER’S FAILURE TO RESPOND TO
THE COURT’S ORDER REGARDING
CONSENT OR REQUEST FOR
REASSIGNMENT

Plaintiff,
11
v.
12
SHERRY LOPEZ, et al.,
13

(Doc. 5)

14

Defendants.

RESPONSE DUE IN 30 DAYS
/

15
16

On June 21, 2011, the court issued an Order Re Consent or Request for Reassignment,

17

requiring Plaintiff to complete and return the form within thirty (30) days, indicating either consent

18

to the jurisdiction of the U.S. Magistrate Judge, or requesting that the case be reassigned to a U.S.

19

District Judge. On August 8, 2011, the Court issued a second order requiring Plaintiff to complete

20

and return the form within thirty (30) days, indicating either consent to the jurisdiction of the U.S.

21

Magistrate Judge, or requesting that the case be reassigned to a U.S. District Judge. The thirty

22

(30)-day period has expired, and petitioner has not returned the form, or otherwise responded to the

23

court's order.

24

Local Rule 110 provides that “failure of counsel or of a party to comply with these [Local]

25

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

26

sanctions . . . within the inherent power of the Court.” Such sanctions can include dismissal of this

27

action. See In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226-27

28

(9th Cir. 2006).
1

1

Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days from the date

2

of service of this order, petitioner shall complete and return the Order Re Consent or Request for

3

Reassignment, a copy of which is attached hereto, or show cause, in writing, why this action should

4

not be dismissed for petitioner’s failure to obey a court order.

5
6

IT IS SO ORDERED.

7
8

Dated:
0jh02o

September 21, 2011
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2