Alvarez v. Chavarria et al

Filing 23

ORDER DIRECTING Plaintiff to SHOW CAUSE Why Motion to Dismiss Should Not Be Granted, signed by Magistrate Judge Michael J. Seng on 10/18/17. Show Cause Response due(30-Day Deadline) (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN CARLOS ALVAREZ, 12 13 14 15 Plaintiff, v. ALEX CHAVARRIA, Defendant. Case No. 1:16-cv-00067-MJS ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY MOTION TO DISMISS SHOULD NOT BE GRANTED (ECF No. 20) THIRTY DAY DEADLINE 16 17 18 19 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights 20 action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge 21 jurisdiction. (ECF No. 16.) 22 On March 27, 2017, the Court authorized service of the complaint on Defendant 23 Alex Chavarria. (ECF No. 13.) Defendant Chavarria waived service (ECF No. 19) and on 24 September 12, 2017, filed a motion to dismiss the complaint for failure to state a claim. 25 (ECF Nos. 20-22.) Plaintiff has not filed a response to the motion to dismiss or anything 26 else since April 17, 2017 when he submitted service documents for Defendant 27 Chavarria. (ECF No. 17.) 28 1 Under the Local Rules of Practice for the United States District Court for the 2 Eastern District of California, opposition, if any, to the granting of a motion “shall be in 3 writing and shall be filed and served not less than fourteen (14) days preceding the 4 noticed (or continued) hearing date.” Local Rule 230(c). Failure of a party to comply with 5 the Local Rules or any order of the court “may be grounds for imposition by the Court of 6 any and all sanctions authorized by statute or Rule or within the inherent power of the 7 Court.” Local Rule 110. Any individual representing himself or herself without an attorney 8 is nonetheless bound by the Federal Rules of Civil Procedure, the Local Rules, and all 9 applicable law. Local Rule 183(a). A party's failure to comply with applicable rules and 10 law may be grounds for dismissal or any other sanction appropriate under the Local 11 Rules. Id. 12 Here, Plaintiff has failed to comply with Local Rule 230. In light of Plaintiff’s pro se 13 status and in the interests of justice, the court will provide Plaintiff with an opportunity to 14 show good cause for his conduct along with an opportunity to respond to Defendant’s 15 pending motion to dismiss. 16 IT IS HEREBY ORDERED that: 17 1. Plaintiff shall show good cause in writing, no later than thirty (30) days 18 from the date of service of this Order, for failing to respond to Defendant’s motion and 19 shall show why sanctions should not be imposed on him for failing to file timely 20 opposition or non-opposition to the pending motion to dismiss. 21 2. Any response to this order must be filed with the Court; the response must 22 be accompanied by opposition or a statement of non-opposition to Defendant’s motion to 23 dismiss. 24 3. If plaintiff files opposition to defendant’s motion within thirty (30) days of 25 the date of service of this Order, then Defendant’s reply, if any, shall be filed within 26 seven (7) days of the date of service of the opposition; and 27 28 4. Plaintiff is cautioned that failure to file and serve a written response to this Order, along with opposition or a statement of non-opposition to defendant’s motion, will 2 1 be deemed a statement of non-opposition to the granting of defendant’s motion to 2 dismiss. 3 4 5 IT IS SO ORDERED. Dated: October 18, 2017 /s/ 6 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?