McGee v. State of California et al

Filing 28

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 10/6/16, ORDERING that the hearing on the County of Sacramento and State of California's motions to dismiss 13 , 22 , is CONTINUED to 11/22/16 at 10:00 a.m. in Courtroom No. 8. The hearing on defendant City of Sacramento's motion to declare plaintiff a vexatious litigant 9 , is CONTINUED to 11/22/2016 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Plaintiff shall show cause, in writing, n o later than 11/2/2016, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motions. Plaintiffs shall file an opposition to the motions, or a statement of non-opposition thereto, no later than 11/2/2016. Defendants may file a reply to plaintiff's opposition, if any, on or before 11/9/2016. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFERSON A. McGEE,

12
13
14
15

No. 2:16-cv-1796-JAM-EFB PS

Plaintiffs,
v.

ORDER TO SHOW CAUSE

STATE OF CALIFORNIA, et al.,
Defendants.

16
17

Defendants County of Sacramento and State of California filed motions to dismiss this

18

action pursuant to Federal Rule of Civil Procedure 12(b)(6), which are currently noticed for

19

hearing on October 19, 2016. ECF Nos. 13, 22, 25. Court records reflect that plaintiff has not

20

filed an opposition or statement of non-opposition to the motions.

21

Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of

22

non-opposition thereto, must be served upon the moving party, and filed with this court, no later

23

than fourteen days preceding the noticed hearing date or, in this instance, by October 5, 2016.

24

Local Rule 230(c) further provides that “[n]o party will be entitled to be heard in opposition to a

25

motion at oral arguments if opposition to the motion has not been timely filed by that party.”

26

Local Rule 183, governing persons appearing in pro se, provides that failure to comply with the

27

Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal, judgment by

28

default, or other appropriate sanctions. Local Rule 110 provides that failure to comply with the
1

1

Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by

2

statute or Rule or within the inherent power of the Court.” See also Ghazali v. Moran, 46 F.3d

3

52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules is a proper ground for

4

dismissal.”). Pro se litigants are bound by the rules of procedure, even though pleadings are

5

liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

6

Accordingly, good cause appearing, it is hereby ORDERED that:

7

1. The hearing on the County of Sacramento and State of California’s motions to dismiss

8

(ECF Nos. 13, 22) is continued to November 22, 2016 at 10:00 a.m. in Courtroom No. 8.

9

2. The hearing on defendant City of Sacramento’s motion to declare plaintiff a vexatious

10

litigant (ECF No. 9), which is currently set for October 19, 2016, is continued to November 22,

11

2016 at 10:00 a.m. in Courtroom No. 8.

12

3. Plaintiff shall show cause, in writing, no later than November 2, 2016, why sanctions

13

should not be imposed for failure to timely file an opposition or a statement of non-opposition to

14

the pending motions.

15
16

4. Plaintiffs shall file an opposition to the motions, or a statement of non-opposition
thereto, no later than November 2, 2016.

17

5. Failure to file an opposition to the motions will be deemed a statement of non-

18

opposition thereto, and may result in a recommendation that this action be dismissed for lack of

19

prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.

20

R. Civ. P. 41(b).

21

6. Defendants may file a reply to plaintiff’s opposition, if any, on or before November 9,

22

2016.

23

DATED: October 6, 2016.

24
25
26
27
28
2