Alguera v. USBank, N.A. et al

Filing 7

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 11/10/2011 10:00 AM. Show Cause Response due by 10/27/2011.. Signed by Judge Maria-Elena James on 10/13/2011. (cdnS, COURT STAFF) (Filed on 10/13/2011)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

Northern District of California

8
9

EDUARDO ALGUERA,
Plaintiff,

10

No. C 11-4693 MEJ
ORDER TO SHOW CAUSE

v.
11
For the Northern District of California

UNITED STATES DISTRICT COURT

US BANK, et al.,
12
13
14

Defendants.
_____________________________________/
Pending before the Court is Plaintiff Eduardo Alguera’s in forma pauperis application, filed

15

on September 21, 2011. Dkt. No. 2. In his application, Plaintiff declares under penalty of perjury

16

that he has no source of income and that he does not receive any type of federal or state welfare or

17

social security payments. However, he also declares that he has $765 in monthly expenses. Plaintiff

18

states that $600 of his monthly expenses are applied to rent, yet he also states that he owns a home

19

with an estimated market value of $236,000 and a mortgage in the amount of $6,300. As Plaintiff’s

20

financial situation is unclear from his application, the Court ordered him to file a declaration by

21

October 10, 2011, addressing the following issues:

22

1)

What source of income is used to pay the $765 in monthly expenses? If the expenses

23

are paid from any type of savings and/or investments, what is the total value of those

24

savings and/or investments? If the expenses are paid by another person, what is

25

Plaintiff’s relationship to that person?

26

2)

Does Plaintiff own or rent the home in which he lives?

27

3)

Plaintiff owns a home with an estimated market value of $236,000 and a mortgage in

28

the amount of $6,300. Is the $6,300 figure the monthly payment owed or the total

1

amount of the mortgage? If it is the total, what is the monthly payment and who pays

2

it?

3

Dkt. No. 5. Plaintiff has failed to respond.

4

In addition, the Court ordered Plaintiff to inform the Court by October 10, 2011 whether he

5

consents to magistrate judge jurisdiction or requests reassignment to a United States District Judge

6

for trial. Dkt. No. 4. Plaintiff failed to respond to this Order as well.

7

Based on Plaintiff’s inaction, the Court hereby ORDERS Plaintiff Eduardo Alguera to show

8

cause why this case should not be dismissed for failure to prosecute and failure to comply with

9

Court orders. Plaintiff shall file a declaration by October 27, 2011, and the Court shall conduct a
hearing on November 10, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue,

11

San Francisco, California.

12
For the Northern District of California

UNITED STATES DISTRICT COURT

10

13

IT IS SO ORDERED.

14
15

Dated: October 13, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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

1
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

2
3
4

EDUARDO ALGUERA
Case Number: 11-04693 MEJ

5

Plaintiff,
CERTIFICATE OF SERVICE

6
7
8

v.
US BANK
Defendant.

/

9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 13, 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 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.
Eduardo Alguera
3827 Kauai Drive
San Jose, CA 95111

16
17
18

Dated: October 13, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

19
20
21
22
23
24
25
26
27
28
3