(PS) Robinson et al v. Placer County et al

Filing 31

ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/9/2022 DIRECTING plaintiff to SHOW CAUSE within 14 days why this action should not be dismissed for failure to prosecute, and for minor plaintiffs to obtain counsel to file an appropriate response to this order if they wish to proceed in this case. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ELLEN ROSE ROBINSON, et al.,

12
13
14
15

Plaintiffs,
v.

Case No. 2:21-cv-02037-TLN-JDP (PS)
ORDER TO SHOW CAUSE
RESPONSE DUE WITHIN 14 DAYS

PLACER COUNTY, et al.,
Defendants.

16
17

Three of the plaintiffs in this case, E.M.B., J.P.R, and B.M.F., are minors. Minors may

18

not proceed without counsel and failure to obtain counsel is grounds for dismissal. Johns v. Cty.

19

of San Diego, 114 F.3d 874, 877 (9th Cir. 1997). Thus, the minor plaintiffs will be dismissed if

20

counsel is not obtained.

21
22
23

Further, on February 22, 2022, the court received a notification that a mailing for the
plaintiffs had been returned as undeliverable.
Plaintiffs are required to keep the court apprised of their current addresses. Local Rule

24

183(b) provides that “[i]f mail directed to a plaintiff in propria persona by the Clerk is returned

25

by the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties

26

within sixty-three (63) days thereafter of a current address, the Court may dismiss the action

27

without prejudice for failure to prosecute.” Plaintiffs’ address changes were due by May 2, 2022,

28
1

1

but they failed to file, and they have not otherwise been in contact with the court. Additionally,

2

two subsequent court mailings have been returned as undeliverable.

3

Accordingly, I hereby order that:

4

1. within fourteen days from the date of entry of this order

5

a. plaintiffs show cause why this action should not be dismissed for failure to

6

prosecute, and

7

b. minor plaintiffs obtain counsel to file an appropriate response to this order if

8

they wish to proceed in this case; and

9

2. failure to comply with this order will result in dismissal of this case.

10
11

IT IS SO ORDERED.

12
Dated:
13
14

May 9, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2