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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY BOCHENE, 12 13 14 15 No. 2:17-cv-0768 TLN DB PS Plaintiff, v. ORDER TO SHOW CAUSE MFRA TRUST 2014-2, MFRESIDENTIALASSETS, LLC AS ADMINISTRATOR, et al., 16 Defendants. 17 18 Plaintiff Anthony Bochene is proceeding in this action pro se. This matter was referred to 19 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On April 20 19, 2017, defendants Fay Servicing, LLC and Wilmington Trust, National Association filed a 21 motion to dismiss and noticed that motion for hearing before the undersigned on June 9, 2017. 22 (ECF No. 8.) Pursuant to Local Rule 230(c) plaintiff was to file opposition or a statement of non- 23 opposition to defendants’ motion “not less than fourteen (14) days preceding the noticed . . . 24 hearing date.” Plaintiff, however, has failed to file a timely opposition or statement of non- 25 opposition. 26 The failure of a party to comply with the Local Rules or any order of the court “may be 27 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 28 within the inherent power of the Court.” Local Rule 110. Any individual representing himself or 1 1 herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and 2 all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be 3 grounds for dismissal or any other sanction appropriate under the Local Rules. Id. 4 In light of plaintiff’s pro se status, and in the interests of justice, the court will provide 5 plaintiff with an opportunity to show good cause for plaintiff’s conduct along with a final 6 opportunity to oppose defendants’ motion. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff show cause in writing within fourteen days of the date of this order as to why 9 this case should not be dismissed for lack of prosecution 1; 10 2. The June 9, 2017 hearing of defendants’ motion to dismiss (ECF No. 8) is continued to 11 Friday, July 7, 2017, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, 12 California, in Courtroom No. 27, before the undersigned; 13 14 3. On or before June 23, 2017, plaintiff shall file a statement of opposition or nonopposition to defendants’ motion to dismiss; and 15 4. Plaintiff is cautioned that the failure to timely comply with this order may result in a 16 recommendation that this case be dismissed. 17 DATED: June 1, 2017 18 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 DLB:6 DB/orders/ se/bochene0768.cont.osc 26 27 28 1 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. 2

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