(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. WHITSITT, 12 Plaintiff, 13 14 No. 2:23-cv-0869 TLN DB PS v. ORDER SJC SHERIFF DEPUTY GRUBB, et al., 15 Defendants. 16 17 Plaintiff William J. Whitsitt is proceeding in this action pro se and in forma pauperis. 18 This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 19 U.S.C. § 636(b)(1). On April 17, 2024, the undersigned issued an order setting this matter for a 20 Status (Pretrial Scheduling) Conference on June 7, 2024. (ECF No. 13.) Pursuant to that order 21 plaintiff was to file a status report on or before May 24, 2024. Plaintiff, however, has not filed a 22 timely status report. The failure of a party to comply with the Local Rules or any order of the court “may be 23 24 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 25 within the inherent power of the Court.” Local Rule 110. Failure to comply with applicable rules 26 and law may be grounds for dismissal or any other sanction appropriate under the Local Rules. 27 Local Rule 183(a). 28 //// 1 1 In the interests of justice, the undersigned will provide plaintiff with an opportunity to 2 show good cause for their conduct along with a final opportunity to comply with the court’s 3 order. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff show cause in writing within fourteen days of the date of this order as to why 6 7 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 8 28, 2024, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, 9 in Courtroom No. 27, before the undersigned; 10 3. On or before June 14, 2024, plaintiff shall file a status report; 11 4. On or before June 21, 2024, defendant shall file an updated status report; and 12 5. The parties are cautioned that the failure to timely comply with this order may result in 13 appropriate sanctions. 14 DATED: June 3, 2024 15 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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