Reyes v. City of Fairfield et al

Filing 40

ORDER signed by Magistrate Judge Deborah Barnes on 1/23/2020 ORDERING Plaintiff to 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. The Status Conference is CONTINUED to 2/21/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintiff shall file a status report on or before 2/7/2020 and defendant shall file a status report on or before 2/14/2020. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTIAN REYES,

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No. 2:18-cv-0883 JAM DB PS

Plaintiff,
v.

ORDER

CITY OF FAIRFIELD,
Defendants.

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Plaintiff Christian Reyes is proceeding in this action pro se. Accordingly, on December

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11, 2019, this matter was referred to the undersigned in accordance with Local Rule 302(c)(21)

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and 28 U.S.C. § 636(b)(1). (ECF No. 38.)

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On December 30, 2019, the undersigned issued an order setting this matter for a status

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conference on January 31, 2020. (ECF No. 39.) Pursuant to the order plaintiff was to file a status

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report on or before January 17, 2020. Plaintiff, however, has failed to file a status report.

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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 comply with the December 30, 2019 order.

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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 January 31, 2020 status conference is continued to Friday, February 21, 2020, at

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

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Courtroom No. 27, before the undersigned;

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3. On or before February 7, 2020, plaintiff shall file a status report;

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4. On or before February 14, 2020, defendant shall file a status report; and

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5. 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: January 23, 2020

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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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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