Sarver v. The City of Bakersfield

Filing 25

ORDER DISCHARGING 23 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 2/2/2015. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BREN SARVER, 12 13 14 15 Plaintiff, v. THE CITY OF BAKERSFIELD, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00141- JLT ORDER DISCHARGING ORDER TO SHOW CAUSE (Doc. 24) 16 17 On January 9, 2015, the Court granted Plaintiff’s former attorneys’ motion to withdraw from 18 his representation. (Doc. 23) In addition, the Court ordered Plaintiff to show cause within 21 days 19 why the matter should not be dismissed for his failure to prosecute this action. Id. at 3. 20 On January 29, 2015, Plaintiff filed a letter disputing that he had failed to maintain contact 21 with his lawyers though he provided no explanation for why, if this was the case, he failed to respond 22 to the requests of counsel to allow them to substitute off the case or why he failed to respond to their 23 motion to withdraw. (Doc. 24) In any event, Plaintiff asserts that he has consulted a new lawyer who 24 is “actively reviewing” his case and that he intends to prosecute this action. Id. Thus, the order to 25 show case is DISCHARGED. 26 However, Plaintiff is ORDERED to either substitute counsel into this case to represent him or 27 to take action all necessary steps to prosecute this case on his own. He is advised that the longer he 28 waits to bring in new counsel, the less likely it is that the Court will be willing to extend the deadlines 1 1 set forth in the case schedule. Indeed, due to Plaintiff’s failure to allow his previous counsel to 2 withdraw without the need for a motion, the case has been at a virtual standstill since early December; 3 no further unnecessary delays will be tolerated. 4 5 Failure to comply with the Court’s order will result in the imposition of sanctions up to and including dismissal of this action. 6 7 8 9 IT IS SO ORDERED. Dated: February 2, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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