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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN CARLOS ALVAREZ,

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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

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge

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jurisdiction. (ECF No. 16.)

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On March 27, 2017, the Court authorized service of the complaint on Defendant

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Alex Chavarria. (ECF No. 13.) Defendant Chavarria waived service (ECF No. 19) and on

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September 12, 2017, filed a motion to dismiss the complaint for failure to state a claim.

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(ECF Nos. 20-22.) Plaintiff has not filed a response to the motion to dismiss or anything

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else since April 17, 2017 when he submitted service documents for Defendant

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Chavarria. (ECF No. 17.)

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Under the Local Rules of Practice for the United States District Court for the

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Eastern District of California, opposition, if any, to the granting of a motion “shall be in

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writing and shall be filed and served not less than fourteen (14) days preceding the

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noticed (or continued) hearing date.” Local Rule 230(c). Failure of a party to comply with

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the Local Rules or any order of the court “may be grounds for imposition by the Court of

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any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.” Local Rule 110. Any individual representing himself or herself without an attorney

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is nonetheless bound by the Federal Rules of Civil Procedure, the Local Rules, and all

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applicable law. Local Rule 183(a). A party's failure to comply with applicable rules and

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law may be grounds for dismissal or any other sanction appropriate under the Local

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Rules. Id.

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Here, Plaintiff has failed to comply with Local Rule 230. In light of Plaintiff’s pro se

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status and in the interests of justice, the court will provide Plaintiff with an opportunity to

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show good cause for his conduct along with an opportunity to respond to Defendant’s

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pending motion to dismiss.

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IT IS HEREBY ORDERED that:

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1.

Plaintiff shall show good cause in writing, no later than thirty (30) days

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from the date of service of this Order, for failing to respond to Defendant’s motion and

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shall show why sanctions should not be imposed on him for failing to file timely

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opposition or non-opposition to the pending motion to dismiss.

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2.

Any response to this order must be filed with the Court; the response must

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be accompanied by opposition or a statement of non-opposition to Defendant’s motion to

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dismiss.

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3.

If plaintiff files opposition to defendant’s motion within thirty (30) days of

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the date of service of this Order, then Defendant’s reply, if any, shall be filed within

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seven (7) days of the date of service of the opposition; and

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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
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be deemed a statement of non-opposition to the granting of defendant’s motion to

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dismiss.

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IT IS SO ORDERED.
Dated:

October 18, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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