Gray v. Shineseki

Filing 16

ORDER Re Report and Recommendation to Dismiss; and Order to Show Cause. Signed by Judge Edward M. Chen on 11/15/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 11/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROCHELLE Y. GRAY,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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ORDER RE REPORT AND
RECOMMENDATION TO DISMISS;
AND ORDER TO SHOW CAUSE

ERIC K. SHINESEKI,

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No. C-12-2000 EMC

Defendant.
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(Docket No. 11)
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Currently pending before the Court is Judge Corley’s report and recommendation to dismiss

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the above-referenced case for failure to prosecute. See Docket No. 11. While the Court agrees with

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Judge Corley that there is a sound basis for dismissal based on a failure to prosecute, the Court shall

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nevertheless give Plaintiff one final opportunity to show cause as to why this case should not be

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dismissed for failure to prosecute. The Court gives Plaintiff this final opportunity because the report

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and recommendation did not expressly provide a date by which Plaintiff should object to the report

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and recommendation. Furthermore, Plaintiff recently filed a letter with the Court asking for a

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continuance of a hearing. See Docket No. 15. While there is no hearing set in this case (and

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therefore Plaintiff’s request is moot), the letter suggests that Plaintiff might have an intent to proceed

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with this litigation.

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Accordingly, the Court hereby orders Plaintiff to show cause as to why this case should not

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be dismissed for failure to prosecute. Plaintiff’s response shall be filed no later than three weeks

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from the date of this order. Plaintiff is forewarned if no response is received by this date, then

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the Court shall dismiss the case and order the file in the case to be closed.

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IT IS SO ORDERED.

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Dated: November 15, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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