A.C. et al v. City of Fairfield et al

Filing 42

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 5/24/18 ORDERING that, no later than fourteen (14) days from the date of this order, plaintiffs shall show cause why this action should not be dismissed for failure to prosecute. Failure to show cause will result in a recommendation that this action be dismissed. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUADALUPE VILLA-VARGAS, et al.,

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Plaintiffs,

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No. 2:16-cv-00746 JAM CKD

v.

ORDER TO SHOW CAUSE

CITY OF FAIRFIELD, et al.,

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Defendants.

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This matter came before the undersigned for a status conference on May 23, 2018.

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Gregory Fox appeared for defendants. The pro se plaintiffs remaining in this action are

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Guadalupe Villa-Vargas, Pablo Ceja, Leticia Cera, and two minor children through their

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guardian-ad-litem Pablo Ceja. None of these plaintiffs appeared at the status conference, and Mr.

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Fox stated he had had no contact with them. Similarly, in their March 2018 motion to withdraw,

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plaintiffs’ former counsel attested that plaintiffs had not responded to counsel’s attempts to

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contact them. (ECF No. 30 at 4.)

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The Federal Rules of Civil Procedure provide for dismissal of actions based on lack of

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prosecution. Fed. R. Civ. P. 41(b). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987). The court may dismiss a case sua sponte for lack of prosecution by the plaintiff.

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Good cause appearing, IT IS HEREBY ORDERED that, no later than fourteen (14) days

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from the date of this order, plaintiffs shall show cause why this action should not be dismissed for

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failure to prosecute. Failure to show cause will result in a recommendation that this action be

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dismissed.

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Dated: May 24, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / ac v fairfield.osc

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