Bochene v. MFRA Trust 2014-2, MF Residential Accets, LLC, et al

Filing 14

ORDER TO SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 6/1/2017 ORDERING 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; Defendants' 8 Motion to Dismiss Hearing is CONTINUED to 7/7/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; Plaintiff shall file a statement of opposition or non-opposition to defendants' motion on or before 6/23/2017.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BOCHENE,

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No. 2:17-cv-0768 TLN DB PS

Plaintiff,
v.

ORDER TO SHOW CAUSE

MFRA TRUST 2014-2,
MFRESIDENTIALASSETS, LLC AS
ADMINISTRATOR, et al.,

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Defendants.

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Plaintiff Anthony Bochene is proceeding in this action pro se. This matter was referred to

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

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19, 2017, defendants Fay Servicing, LLC and Wilmington Trust, National Association filed a

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motion to dismiss and noticed that motion for hearing before the undersigned on June 9, 2017.

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(ECF No. 8.) Pursuant to Local Rule 230(c) plaintiff was to file opposition or a statement of non-

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opposition to defendants’ motion “not less than fourteen (14) days preceding the noticed . . .

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hearing date.” Plaintiff, however, has failed to file a timely opposition or statement of non-

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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 prosecution 1;

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2. The June 9, 2017 hearing of defendants’ motion to dismiss (ECF No. 8) is continued to

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Friday, July 7, 2017, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento,

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California, in Courtroom No. 27, before the undersigned;

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3. On or before June 23, 2017, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion to dismiss; 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: June 1, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB/orders/orders.pro se/bochene0768.cont.osc

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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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