Jacobsen v. People of the State of California

Filing 129

ORDER DISCHARGING Order to Show Cause and GRANTING Plaintiff One, Final Extension of Time to File a Response to Defendants' Motion for Summary Judgment 126 , 127 and 128 , signed by Magistrate Judge Jennifer L. Thurston on 10/19/17. (30-Day Deadline) (Martin-Gill, S) Modified on 10/19/2017 (Martin-Gill, S). (Forwarded: Doc(s) 114 , 116 , 16 and 102 to Plaintiff)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL NEIL JACOBSEN, 12 13 14 15 16 Plaintiff, v. PEOPLE OF THE STATE OF CALIFORNIA, Defendant. Case No. 1:14-cv-00108-JLT (PC) ORDER DISCHARGING ORDER TO SHOW CAUSE AND GRANTING PLAINTIFF ONE, FINAL EXTENSION OF TIME TO FILE A RESPONSE TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. 126, 127, 128) 30-DAY DEADLINE 17 18 On August 24, 2017, the Court ordered Plaintiff to show cause why this action should not 19 be dismissed because of his failure to comply with the Court’s order and for failure to prosecute 20 this action by not filing a response to Defendants’ motion for summary judgment. (Doc. 126.) In 21 his response to the OSC, Plaintiff indicates that though he initially began preparing an opposition, 22 he has been unable to complete and file it because of twice being arrested and no longer having 23 access to a copy of Defendants’ motion. (Doc. 127.) Plaintiff’s unwillingness to conform his 24 conduct to that required by law—and hence, become arrested--is not good cause for the extension 25 of time requested. Nevertheless, the Court will grant Plaintiff one final extension of time to file 26 an opposition or statement of non-opposition to Defendants’ motion as well as copies of the 27 documents which Plaintiff requests. 28 1 1 2 3 4 ORDER 1. The Court grants Plaintiff one final extension of 30 days to file an opposition or a statement of non-opposition to Defendants’ motion for summary judgment; 2. The Clerk’s Office is directed to forward copies of Defendants’ motion for 5 summary judgment and all exhibits (Docs. 114, 116), the Second Amended Complaint (Doc. 16), 6 and the Fifth Amended Discovery and Scheduling Order (Doc. 102). 7 If Plaintiff fails to file an opposition or statement of non-opposition to Defendants’ 8 motion for summary judgment within 30 days of the date of service of this order, either 9 Defendants’ motion will be ruled on without Plaintiff’s input or the action will be dismissed 10 for Plaintiff’s failure to obey the Court’s orders and to prosecute this action. 11 12 13 IT IS SO ORDERED. Dated: October 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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