Mendoza v. CSS
Order to Show Cause why this action should not be dismissed for Plaintiff's failure to obey a court order, signed by Magistrate Judge Sandra M. Snyder on 9/3/2014. Show Cause Response due by 9/24/2014. (Figueroa, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
Case No. 1:13-CV-01543-SMS
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR PLAINTIFF’S FAILURE TO OBEY
A COURT ORDER
(Docs. 4 & 8)
RESPONSE DUE WITHIN FIFTEEN (15)
On September 25, 2013, Plaintiff Antonio Mendoza, proceeding pro se and in forma
pauperis, filed the above-entitled action. By this Court’s October 2, 2013 scheduling and consent
orders, the Court required the Plaintiff to comply with action items set forth therein. Subsequently,
Plaintiff failed to comply with the Court’s order. After the Court’s July 18, 2014 Order to Show
Cause (“OSC”), Plaintiff asked the Court for an extension of time to respond to the order. In the
Court’s order discharging the OSC and granting leave for an extension of time, the Court ordered
Plaintiff to comply with the action items set forth in the Court’s October 2, 2013 Order, and gave
explicit directions detailing Plaintiff’s obligations, as follows:
1. within fourteen (14) days from the date of service of [this July 18, 2014 Order], Plaintiff will
lodge and serve the administrative record in compliance with the requirements set forth in the
Court’s October 2013 scheduling order; and,
2. within fourteen (14) days from the date of service of [this July 18, 2014 Order], Plaintiff
shall file with this Court the notice and form of consent to proceed before a magistrate judge
provided by Local Rule 305(a).
See Doc. 8. Pursuant to that Order, the Clerk’s office mailed Plaintiff a copy of the July 18, 2014
Order (Doc. 8), as well as a copy of the October 2, 2013 Order (Doc. 4) and its attachments (Doc.
4(1)-(4)). On August 20, 2014, Plaintiff filed copies of the summons and five copies of the
complaint, but took no other action. Plaintiff failed to lodge and serve the administrative record or
the notice and form of consent to proceed before a magistrate judge, despite the Clerk’s office
having provided the forms by mail.
Plaintiff is here advised that failure to comply with the Court’s order may result in the
dismissal of this action under Rule 41(b) of the Federal Rules of Civil Procedure without further
notice. The Court has discretion to impose any and all sanctions authorized by statute or Rule or
within the inherent power of the Court, including dismissal of an action, based on Plaintiff’s failure
to comply with a court order. FED. R. CIV. P. 11; Local Rule 110.
Accordingly, the Court HEREBY ORDERS that:
1. within fifteen (15) days from the date of service of this order, Plaintiff shall file a
written response to the Court, showing cause why this case should not be dismissed for
Plaintiff's failure to obey the Court’s orders of October 2, 2013 (Doc. 4) and August 6,
2014 (Doc. 8); and,
2. Plaintiff's failure to comply with this order will result in the dismissal of this action
without further notice.
IT IS SO ORDERED.
September 3, 2014
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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