Scott v. Keller

Filing 153

ORDER signed by District Judge Kent J. Dawson on 6/30/2014 IT IS SO ORDERED Plaintiff is ORDERED to show cause no later than 7/31/2014 why his action should not be dismissed for failure to prosecute. (Reader, L)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MAURICE SCOTT, 11 Plaintiff, 12 v. 13 Case No. 2:07-CV-00184-KJD-PAL MTA KELLER, et al., 14 ORDER Defendants. 15 16 A second settlement conference in this action was held on November 9, 2012. The case was 17 not settled and Minutes (#151) of the proceeding were filed the same day. Also the same day, a 18 Declaration (#152) by Plaintiff Maurice Scott, signed November 7, 2012, was filed. In the 19 Declaration, Scott asserts that he is being retaliated against for the present and other court actions he 20 has filed. However, since November 9, 2012, no other proceeding of record has been taken by any 21 party to this action. 22 Local Rule 280 requires parties to act with diligence in order to bring an action to trial. 23 “[A]ny party who is ready to proceed to pretrial conference and trial may serve and file a motion to 24 have the action set for pretrial conference or trial or both.” LR 280 (b). Here, Plaintiff has not acted 25 /// 26 1 diligently in bringing his claims to trial. Therefore, Plaintiff is ordered to show cause no later than 2 July 31, 2014, why his action should not be dismissed for failure to prosecute. 3 IT IS SO ORDERED. 4 DATED this 30th day of June 2014. 5 6 7 8 _____________________________ Kent J. Dawson Senior United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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