(PS) Whitsitt v. Grubb et al

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 6/3/2024 ORDERING Plaintiff to show case in writing within fourteen days of the date of this order as to why this action should not be dismissed for a lack of prosecution. The Statu s (Pretrial Scheduling) Conference is CONTINUED to 6/28/2024 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 6/14/2024, Plaintiff shall file a Status Report. On or before 6/21/2024, defendant shall file an updated status report.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT,

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Plaintiff,

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No. 2:23-cv-0869 TLN DB PS

v.

ORDER

SJC SHERIFF DEPUTY GRUBB, et al.,

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Defendants.

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Plaintiff William J. Whitsitt is proceeding in this action pro se and in forma pauperis.

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This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28

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U.S.C. § 636(b)(1). On April 17, 2024, the undersigned issued an order setting this matter for a

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Status (Pretrial Scheduling) Conference on June 7, 2024. (ECF No. 13.) Pursuant to that order

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plaintiff was to file a status report on or before May 24, 2024. Plaintiff, however, has not filed a

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timely status report.
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. Failure to comply with applicable rules

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and law may be grounds for dismissal or any other sanction appropriate under the Local Rules.

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Local Rule 183(a).

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In the interests of justice, the undersigned will provide plaintiff with an opportunity to

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show good cause for their conduct along with a final opportunity to comply with the court’s

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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 action should not be dismissed for a lack of prosecution;
2. The June 7, 2024 Status (Pretrial Scheduling) Conference is continued to Friday, June

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28, 2024, 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 June 14, 2024, plaintiff shall file a status report;

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4. On or before June 21, 2024, defendant shall file an updated status report; and

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5. The parties are cautioned that the failure to timely comply with this order may result in

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appropriate sanctions.

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DATED: June 3, 2024

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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