Allen v. Stanislaus County et al

Filing 29

ORDER to SHOW CAUSE why action should not be dismissed for failure to prosecute signed by Magistrate Judge Stanley A. Boone on 9/24/2014. Show Cause Response due by 10/28/2014.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLUMBUS ALLEN, JR.

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Plaintiff,
v.
STANISLAUS COUNTY, et al.,
Defendants.

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Case No.: 1:13-cv-00012-AWI-SAB (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO PROSECUTE
[ECF Nos. 22, 27]

Plaintiff Columbus Allen, Jr. is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.

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On July 29, 2014, Defendants filed a motion to dismiss the complaint. The motion was served

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by mail on Plaintiff at his address of record. In accordance with Local Rule 230(l), Plaintiff had up to

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and including August 22, 2014, to file an opposition to the motion. To date, Plaintiff has not

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responded to Defendants’ motion. On September 2, 2014, Defendants filed a reply for failure of

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Plaintiff to file an opposition or statement of non-opposition to their motion to dismiss. Local Rule

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230(l) of which this action is proceeding specifically states:

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A responding party who has no opposition to the granting of the motion shall serve and
file a statement to that effect, specifically designating the motion in question. Failure
of the responding party to file an opposition or to file a statement of no opposition may
be deemed a waiver of any opposition to the granting of the motion and may result in
the imposition of sanctions.

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Pursuant to Local Rule 230(l), Plaintiff is HEREBY ORDERED to show cause why the action

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should not be dismissed for failure to an opposition or a statement of non-opposition to Defendants’

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motion within thirty (30) days. Plaintiff is warned that the failure to comply with this order will

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result in dismissal of the action for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

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September 24, 2014
UNITED STATES MAGISTRATE JUDGE

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