Keltner v Lake

Filing 23

ORDER TO SHOW CAUSE Show Cause Response due by 10/9/2015. Signed by Judge Nandor J. Vadas on 10/1/2015. (njvlc2, COURT STAFF) (Filed on 10/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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ALLEN KELTNER,

Case No. 14-cv-05636-NJV

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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COUNTY OF LAKE, et al.,

United States District Court
Northern District of California

Defendants.
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On August 13, 2015, the court entered a Stipulation and Order (Doc. 21), granting the

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parties request for a modified briefing schedule and to move the hearing on the Motion to Dismiss

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to November 3, 2015. The stipulated briefing schedule required that Plaintiff file his response to

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the Motion to Dismiss on or before August 31, 2015. Plaintiff did not file a response. On

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September 8, 2015, Defendants filed a Reply to Plaintiff’s Failure to Oppose the Motion to

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Dismiss (Doc. 22), in which Defendants propose the court take Plaintiff’s failure to file an

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opposition to the Motion as a concession. As of this date, Plaintiff has not responded to the

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Motion to Dismiss, or to Defendants’ suggestion that Plaintiff has conceded the motion. It appears

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then that Plaintiff does indeed concede the Motion, or has otherwise abandoned this case.

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Accordingly, it is ORDERED that Plaintiff shall, on or before October 9, 2015, show

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cause as to why the court should not dismiss this case for failure to prosecute. Plaintiff is warned

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that his failure to respond to this order will result in the dismissal of this action.

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IT IS SO ORDERED.
Dated: October 1, 2015
______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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United States District Court
Northern District of California

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