Vail v. City of Sacramento

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 4/3/17 ORDERING that Plaintiff Show Cause in writing within fourteen days as to why this case should not be dismissed for lack of prosecution; the 4/7/17 Status (Pretrial Scheduling) Conference is CONTINUED to Friday, 5/26/17, at 10:00 a.m., at the US District Court, 501 I Street, Sacramento, CA, in Courtroom No. 27, before the undersigned; On or before 5/12/17, plaintiff shall file a Status Report in compliance with the 2/27/17 order; and Plaintiff is cautioned that the failure to timely comply with this order may result in a recommendation that this case 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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TERRENCE VAIL,

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No. 2:16-cv-2673 JAM DB PS

Plaintiff,
v.

ORDER

CITY OF SACRAMENTO,
Defendant.

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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the

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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On February

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27, 2017, the court issued an order setting this matter for a Status (Pretrial Scheduling)

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Conference before the undersigned on April 7, 2017. (ECF No. 5.) Pursuant to that order,

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plaintiff was to file a status report on or before March 24, 2017. Plaintiff, however, has failed to

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file the required status report.

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The failure of a party to comply with any order of the court “may be grounds for

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imposition by the Court of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.” Local Rule 110. Any individual representing himself or herself

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without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and all

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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 file the required status report.

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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;

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2. The April 7, 2017 Status (Pretrial Scheduling) Conference is continued to Friday, May

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26, 2017, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California,

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in Courtroom No. 27, before the undersigned;

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3. On or before May 12, 2017, plaintiff shall file a status report in compliance with the
February 27, 2017 order2; 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: April 3, 2017

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DLB:6
DB/orders/orders.pro se/vail2673.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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Defendant may, but is not required to, file an updated status report on or before May 19, 2017.
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