Clark v. County of Sacramento et al

Filing 65

ORDER signed by Magistrate Judge Deborah Barnes on 10/2/18 ORDERING that Plaintiff SHOW CAUSE in writing within 14 days of the date of this order as to why this case should not be dismissed for lack of prosecution. The hearing of 60 the Motion for Summary Judgment is CONTINUED to 11/2/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 10/19/18, plaintiff shall file a reply to defendants' motion for summary judgment. (Kastilahn, 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 15 No. 2:15-cv-1211 JAM DB PS Plaintiff, v. ORDER COUNTY OF SACRAMENTO, et al., Defendants. 16 17 Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the 18 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On August 21, 19 2018, defendants noticed a motion for summary judgment for hearing before the undersigned on 20 October 5, 2018. (ECF No. 60.) Pursuant to Local Rule 230(c) plaintiff was to file opposition or 21 a statement of non-opposition to defendants’ motion “not less than fourteen (14) days preceding 22 the noticed . . . hearing date.” Plaintiff, however, has failed to file a timely opposition or 23 statement of non-opposition. 24 The failure of a party to comply with the Local Rules or any order of the court “may be 25 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 26 within the inherent power of the Court.” Local Rule 110. Any individual representing himself or 27 herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and 28 all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be 1 1 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 2 3 plaintiff with an opportunity to show good cause for plaintiff’s conduct along with a final 4 opportunity to oppose defendants’ motion. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff show cause in writing within fourteen days of the date of this order as to why 7 this case should not be dismissed for lack of prosecution1; 2. The October 5, 2018 hearing of defendants’ motion for summary judgment (ECF No. 8 9 10 60) is continued to Friday, November 2, 2018, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27, before the undersigned; 11 12 3. On or before October 19, 2018, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion for summary judgment; and 13 4. Plaintiff is cautioned that the failure to timely comply with this order may result in a 14 recommendation that this case be dismissed. 15 Dated: October 2, 2018 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.pro se\clark1211.osc.cont.hrg 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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