Wichelman et al v. Sacramento Housing & Redevelopment Agency et al

Filing 8

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 11/7/14. Plaintiffs shall show cause in writing within 14 days why this action should not be dismissed for failure to prosecute. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARL WICHELMAN, ET AL.,

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No. 2:14-cv-01075-KJM-AC

Plaintiffs,
v.

ORDER TO SHOW CAUSE

SACRAMENTO HOUSING AND
REDEVELOPMENT AGENCY, ET AL.,
Defendants.

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Plaintiffs are proceeding in this action in pro per. On April 30, 2014, plaintiffs filed a

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complaint against the Sacramento Housing & Redevelopment Agency (“SHRA”), the Groves at

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Manzanita Apartments, Kandace Gusman, and Gary Fidler for violations of their First, Fourth,

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and Fourteenth Amendment rights under 42 U.S.C. § 1983. ECF No. 1. Plaintiffs then filed

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motions to proceed in forma pauperis on April 30 and May 14, 2014. ECF No. 2, 3. On July 2,

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2014, the court granted both plaintiffs’ motions and dismissed plaintiffs’ claims with instructions

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to file an amended complaint within 30 days. ECF No. 4. On August 14, 2014, the court

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recommended that plaintiffs’ claims be dismissed without prejudice for failure to file an amended

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complaint in a timely manner. ECF No. 5.

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On August 19, 2014, the court’s August 14, 2014, Findings and Recommendations

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(“Findings and Recommendations”) were returned to it with a new address on the return label and
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a notation that the forward time had expired. On August 20, 2014, the court served its Findings

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and Recommendations by mail to the address specified on the return label. On August 22, 2014,

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Plaintiff Wichelman promptly responded with a motion for an extension of time to file an

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amended complaint that included a request that the court waive PACER’s usual fees. ECF No. 6.

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The court denied Plaintiff Wichelman’s request that it waive PACER’s usual fees but granted his

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request for an extension. ECF No. 7. Plaintiffs have yet to file their amended complaint, which

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was due on November 3, 2014.

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Accordingly, IT IS HEREBY ORDERED that plaintiffs shall show cause in writing
within fourteen (14) days of the date of this order why this action should not be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.

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DATED: November 7, 2014

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