Stewart v. Cate et al

Filing 5

ORDER to SHOW CAUSE re 3 Petitioner's failure to respond to the Court's Order regarding consent or request for reassignment, signed by Magistrate Judge Gerald B. Cohn on 01/18/2012. Show Cause Response due by 2/21/2012. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WILLIE STEWART,

CASE NO. 1:11-cv-02020-GBC (PC)

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

Plaintiff,
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v.
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MATTHEW CATE, et al.,
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(Doc. 3)

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Defendants.

RESPONSE DUE IN 30 DAYS
/

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On December 7, 2011, the Court issued an Order Re Consent or Request for Reassignment,

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

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

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District Judge. The thirty (30)-day period has expired, and petitioner has not returned the form, or

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otherwise responded to the court's order.

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

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

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

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

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(9th Cir. 2006).

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

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

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

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

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IT IS SO ORDERED.

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Dated:
0jh02o

January 18, 2012
UNITED STATES MAGISTRATE JUDGE

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