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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL NEIL JACOBSEN,

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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

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On August 24, 2017, the Court ordered Plaintiff to show cause why this action should not

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be dismissed because of his failure to comply with the Court’s order and for failure to prosecute

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this action by not filing a response to Defendants’ motion for summary judgment. (Doc. 126.) In

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his response to the OSC, Plaintiff indicates that though he initially began preparing an opposition,

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he has been unable to complete and file it because of twice being arrested and no longer having

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access to a copy of Defendants’ motion. (Doc. 127.) Plaintiff’s unwillingness to conform his

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conduct to that required by law—and hence, become arrested--is not good cause for the extension

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of time requested. Nevertheless, the Court will grant Plaintiff one final extension of time to file

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an opposition or statement of non-opposition to Defendants’ motion as well as copies of the

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documents which Plaintiff requests.

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ORDER
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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;
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The Clerk’s Office is directed to forward copies of Defendants’ motion for

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summary judgment and all exhibits (Docs. 114, 116), the Second Amended Complaint (Doc. 16),

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and the Fifth Amended Discovery and Scheduling Order (Doc. 102).

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If Plaintiff fails to file an opposition or statement of non-opposition to Defendants’

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motion for summary judgment within 30 days of the date of service of this order, either

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Defendants’ motion will be ruled on without Plaintiff’s input or the action will be dismissed

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for Plaintiff’s failure to obey the Court’s orders and to prosecute this action.

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IT IS SO ORDERED.
Dated:

October 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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