Motakabbir v. Federal National Mortgage Association

Filing 5

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/20/2013 10:00 AM. Signed by Judge Nathanael M. Cousins on 2/04/2013. (nclc2, COURT STAFF) (Filed on 2/4/2013) (Additional attachment(s) added on 2/5/2013: # 1 Certificate/Proof of Service) (lmh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAAMI ABDOL MOTAKABBIR,
Plaintiff,

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v.

Case No. 12-cv-5710 NC
ORDER TO SHOW CAUSE
Re: Dkt. No. 1, 3

FEDERAL NATIONAL MORTGAGE

15 ASSOCIATION,
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Defendant.

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Plaintiff Jaami Abdol Motakabbir filed a one-page complaint for civil rights

19 violations under 28 U.S.C. §§ 1331 and 1343 on November 6, 2012. Dkt. No. 1. Plaintiff
20 also filed a “stipulation for filing of amended complaint, ” stating that the amended
21 complaint was attached, which it was not. Dkt. No. 3. Because the filings were incomplete,
22 this Court struck Dkt. Nos. 1 and 3, allowing plaintiff to file an amended complaint, without
23 leave of Court. Dkt. No. 4. The Court further ordered plaintiff to consent or decline to the
24 jurisdiction of a magistrate judge by November 29, 2012. See id.
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A case management conference was scheduled in this action for February 6, 2012. As

26 of the date of this order, plaintiff has not filed an amended complaint, has not consented or
27 declined the jurisdiction of a magistrate judge, has not served the defendant, and has failed
28 to file a case management conference statement.
Case No. 12-cv-05710 NC
ORDER TO SHOW CAUSE

Accordingly, the Court ORDERS Motakabbir to personally appear at a hearing at

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2 10:00 a.m. on February 20, 2013 in Courtroom A, 15th Floor, San Francisco to SHOW
3 CAUSE why he has failed to file an amended complaint and failed to serve the defendant in
4 this matter. Plaintiff must also consent or decline to the jurisdiction of a magistrate judge
5 by February 20. The Court will dismiss the case for failure to prosecute, and may impose
6 other sanctions, if Motakabbir does not comply with this order. See Fed. R. Civ. P. 41(b).
The Court VACATES the case management conference scheduled for February 6,

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8 2013.
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For additional guidance, Motakabbir may refer to the Court’s Pro Se Handbook,

10 available on the Court’s website at http://www.cand.uscourts.gov/prosehandbook, or
11 contact the Legal Help Center, which provides information and limited-scope legal advice
12 to pro se litigants in civil cases. The Legal Help Center requires an appointment, which can
13 be made by calling [phone] x8657.
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IT IS SO ORDERED.

15 Date: February 4, 2013

_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 12-cv-05710 NC
ORDER TO SHOW CAUSE

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