Gomes v. Boone et al

Filing 36

ORDER signed by Magistrate Judge Deborah Barnes on 3/30/2017 ORDERING that Plaintiff SHOW CAUSE in writing within fourteen days of the date of this order as to why this case should not be dismissed for lack of prosecution. The 4/7/2017 hearing of defendants' 35 motion for summary judgment is CONTINUED to Friday, 5/26/2017, at 10:00 a.m. in Courtroom No. 27. On or before 5/12/2017, plaintiff shall file a statement of opposition or non-opposition to defendants' motion for summary judgment. Plaintiff is cautioned that the failure to timely comply with this order may result in a recommendation that this case be dismissed. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORGAN MARIE GOMES,

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No. 2:15-cv-1546 TLN DB PS

Plaintiff,
v.

ORDER

NICK BOONE, Placer County Probation
Officer; MR. WILLIAMS, employee at
Placer County Juvenile Detention Center;
PLACER COUNTY PROBATION
OFFICE; and Does 1through 20,
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 March 7, 2017, defendants filed a motion for summary judgment and noticed that

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motion for hearing before the undersigned on April 7, 2017. (ECF No. 35.) Pursuant to Local

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Rule 230(c) plaintiff was to file opposition or a statement of non-opposition to defendants’

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motion “not less than fourteen (14) days preceding the noticed . . . hearing date.” Plaintiff,

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however, has failed to file a timely opposition or statement of non-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.

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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 plaintiff’s conduct along with a final

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opportunity to oppose defendants’ 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;
2. The April 7, 2017 hearing of defendants’ motion for summary judgment (ECF No. 35)

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is continued to Friday, May 26, 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 May 12, 2017, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion for summary judgment; 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: March 30, 2017

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DLB:6
DB/orders/orders.pro se/gomes1546.osc.cont

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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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