Clark v. County of Sacramento et al

Filing 32

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELICIA CLARK, 12 13 14 No. 2:15-cv-1211 JAM DB PS Plaintiff, v. ORDER TO SHOW CAUSE COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 18 19 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 20 complaint and noticed that motion for hearing before the undersigned on January 6, 2017. (ECF 21 No. 30.) Pursuant to Local Rule 230(c) plaintiff was to file an opposition or statement of non- 22 opposition to defendant’s motion “not less than fourteen (14) days preceding the noticed . . . 23 hearing date.” Plaintiff, however, has failed to file a timely opposition or statement of non- 24 opposition. 25 The failure of a party to comply with the Local Rules or any order of the court “may be 26 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 27 within the inherent power of the Court.” Local Rule 110. Any individual representing himself or 28 herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and 1 1 all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be 2 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 3 4 plaintiff with an opportunity to show good cause for her conduct along with a final opportunity to 5 oppose defendant’s motion. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff show cause in writing within fourteen days of the date of this order as to why 8 this case should not be dismissed for lack of prosecution1; 9 2. The January 6, 2017 hearing of defendants’ motion to dismiss (ECF No. 30) is 10 continued to Friday, February 3, 2017, at 10:00 a.m., at the United States District Court, 501 I 11 Street, Sacramento, California, in Courtroom No. 27, before the undersigned; 12 13 3. On or before January 20, 2017, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion to dismiss; and 14 4. Plaintiff is cautioned that the failure to timely comply with this order may result in a 15 recommendation that this case be dismissed. 16 Dated: December 29, 2016 17 18 19 20 DLB:6 DB\orders\ se\clark1211.osc 21 22 23 24 25 26 27 28 1 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. 2

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