Clark v. County of Sacramento et al
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 12/29/16 ORDERING that plaintiff shall SHOW CAUSE in writing within 14 days as to why this case shall not be dismissed for lack of prosection; the 01/06/17 hearing on the 30 Motion to Dismiss is RESET for 2/3/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; plaintiff shall file a statement of opposition or non-opposition to defendants' 30 Motion to Dismiss by 01/20/17. (Benson, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FELICIA CLARK,
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No. 2:15-cv-1211 JAM DB PS
Plaintiff,
v.
ORDER TO SHOW CAUSE
COUNTY OF SACRAMENTO, et al.,
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Defendants.
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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On December 5, 2016, defendants filed a motion to dismiss plaintiff’s second amended
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complaint and noticed that motion for hearing before the undersigned on January 6, 2017. (ECF
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No. 30.) Pursuant to Local Rule 230(c) plaintiff was to file an opposition or statement of non-
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opposition to defendant’s motion “not less than fourteen (14) days preceding the noticed . . .
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hearing date.” Plaintiff, however, has failed to file a timely opposition or statement of non-
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opposition.
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The failure of a party to comply with the Local Rules or any order of the court “may be
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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
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within the inherent power of the Court.” Local Rule 110. Any individual representing himself or
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herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and
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all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be
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grounds for dismissal or any other sanction appropriate under the Local Rules. Id.
In light of plaintiff’s pro se status, and in the interests of justice, the court will provide
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plaintiff with an opportunity to show good cause for her conduct along with a final opportunity to
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oppose defendant’s motion.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff show cause in writing within fourteen days of the date of this order as to why
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this case should not be dismissed for lack of prosecution1;
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2. The January 6, 2017 hearing of defendants’ motion to dismiss (ECF No. 30) is
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continued to Friday, February 3, 2017, at 10:00 a.m., at the United States District Court, 501 I
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Street, Sacramento, California, in Courtroom No. 27, before the undersigned;
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3. On or before January 20, 2017, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion to dismiss; and
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4. Plaintiff is cautioned that the failure to timely comply with this order may result in a
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recommendation that this case be dismissed.
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Dated: December 29, 2016
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DLB:6
DB\orders\orders.pro se\clark1211.osc
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Alternatively, if plaintiff no longer wishes to pursue this civil action plaintiff may comply with
this order by filing a request for voluntary dismissal pursuant to Rule 41(a) of the Federal Rules
of Civil Procedure.
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