Zochlinski v. Blum et al

Filing 57

ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/2014 DISREGARDING 56 Motion for Extension of Time; DENYING WITHOUT PREJUDICE 54 Request for Dismissal; ORDERING the plaintiff to SHOW CAUSE, within seven days, as to why this action should not be dismissed on mootness grounds; ORDERING that the defendants' reply, if any, be filed fourteen days after service of the response. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD ALAN ZOCHLINSKI,

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No. 2:11-cv-03295 KJM KJN (PS)

Plaintiff,
v.

ORDER

RICHARD C. BLUM, et al.,
Defendants.

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On December 12, 2013, the court granted plaintiff’s motion for a thirty-five day extension

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of time to respond to this court’s November 19, 2013 order to show cause. ECF No. 51. On

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January 23, 2014, the court granted plaintiff’s second motion for a twenty-eight day extension of

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time, stating that no further extensions of time would be granted. ECF No. 53.

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On February 12, 2014, the last day that plaintiff could file a response to the order to show

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cause, plaintiff filed a motion for a fourteen day extension of time. ECF No. 56. On February 13,

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2014, defendants requested that the court dismiss this action on mootness grounds, noting

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plaintiff’s failure to timely respond to the court’s order to show cause. ECF No. 54.

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Pursuant to this court’s January 23, 2014 order, plaintiff’s motion for an extension of time

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is disregarded. Nevertheless, out of abundance of caution, the court will provide plaintiff with

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seven days from the date of this order to file a response to the order to show cause. Plaintiff is

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cautioned that any future motions for extension of time will be disregarded. Further, plaintiff’s
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failure to timely file a response will result in findings and recommendations addressing whether

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this action should be dismissed on mootness grounds as well as plaintiff’s failure to timely

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prosecute this action and comply with court orders. In light of the court’s order, defendants’

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request for dismissal will be denied without prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s February 12, 2014, motion for an extension of time (ECF No. 56) is

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disregarded;
2. Defendants’ February 13, 2014 request for dismissal (ECF No. 54) is denied without
prejudice;
3. No later than seven days from the date of this order, plaintiff shall show cause why this
action should not be dismissed on mootness grounds;
4. Defendants’ reply, if any, to plaintiff’s response to the order to show cause shall be
filed and served within fourteen days after service of the response;

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5. The matter will thereafter stand submitted; and

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6. Any future motions for extensions of time will be disregarded.

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Dated: February 18, 2014

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zoch3295.eot(3)

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