Spears et al v. El Dorado County Sheriff's Department et al

Filing 61

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 10/14/2021 ORDERING, within 30 days, plaintiff shall show cause why defendant El Dorado County's motion to dismiss should not be granted. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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Plaintiff,

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No. 2:15-cv-0165 MCE AC P

v.

ORDER

BRUCE BENTON, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 14, 2021, defendant El Dorado County filed a motion to dismiss. ECF No.

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54. To date, plaintiff has neither opposed nor responded to defendant’s motion, nor has he filed

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an extension of time to do so.
The Local Rules require that any opposition to a motion is to be served and filed within

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twenty-one days of the date of service of the motion. See L.R. 230(l). The Local Rules also state

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that motions are to be deemed submitted when the time to reply has expired. See id. However, in

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the interests of justice, prior to ruling on this matter, plaintiff shall first be ordered to show cause

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why defendant’s motion to dismiss should not be granted.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order,

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plaintiff shall show cause why defendant El Dorado County’s motion to dismiss should not be

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granted.

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Plaintiff is warned that failure to respond to the court’s order may result in a

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recommendation that either defendant’s motion to dismiss be granted or a recommendation that

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this action be dismissed for failure to prosecute and/or failure to comply with a court order. See

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Fed. R. Civ. P. 41(b); L.R. 110.

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DATED: October 14, 2021

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