Goncalves v. United States of America

Filing 26

ORDER TO SHOW CAUSE AND VACATING HEARING. Signed by Judge JEFFREY S. WHITE on 11/2/11. (jjoS, COURT STAFF) (Filed on 11/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CPT MICHAEL C. GONCALVES,

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For the Northern District of California

United States District Court

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No. C 11-02452 JSW

Plaintiff,
v.

ORDER TO SHOW CAUSE AND
VACATING HEARING

UNITED STATES OF AMERICA, Honorable
Robert Gates, LTG Jack Stultz, CDR, USARC,
and Attorney General Eric Holder,

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Defendants.
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On October 11, 2011, Defendants filed a motion to dismiss Plaintiff’s complaint, which

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is noticed for hearing on December 2, 2011. That hearing is VACATED pending further order

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of the Court.

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Pursuant to Northern District Civil Local Rules 7-3(a) and 5-5(a)(2), Plaintiff’s

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opposition brief was due to be filed on October 28, 2011. Plaintiff has not filed an opposition

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brief.

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Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE why this case

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should not be dismissed for failure to prosecute. If Plaintiff seeks to file an untimely opposition

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to Defendants’ motion, he must file a request demonstrating good cause for the late filing and

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must file his proposed opposition brief with that request. Plaintiff’s response to this Order to

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Show Cause, or his request to late file and proposed opposition brief, shall be filed and served

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on Defendants by no later than November 14, 2011.

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Upon consideration of Plaintiff’s response, it shall notify the Defendants whether the
late filing will be permitted, and shall set a deadline for Defendants to file the reply brief.
If Plaintiff fails to file a response to this Order to Show Cause by November 14, 2011,

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the Court shall dismiss this case without prejudice without further notice to Plaintiff. The Court

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advises Plaintiff that the Handbook for Pro Se Litigants, contains helpful information about

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proceeding without an attorney, is available through the Court’s website or in the Clerk’s office.

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The Court also advises Plaintiff that he also may wish to seek assistance from the Legal Help

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Center. Plaintiff may call the Legal Help Center at 415-782-9000, extension 8657, or sign up

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on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney who

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For the Northern District of California

United States District Court

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may be able to provide basic legal help, but not legal representation.
IT IS SO ORDERED.

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Dated: November 2, 2011
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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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GONCALVES et al,

Case Number: CV11-02452 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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UNITED STATES OF AMERICA et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on November 2, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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Michael C. Goncalves
17 8444 Alberton Place
Elk Grove, CA 95624
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Dated: November 2, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk