Buck v. Brower et al

Filing 10

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Plaintiff shall file opposition (or statement of nonopposition) and show cause why action should not be dismissed by 10/11/2013. Plaintiff shall also file consent/declination by 10/11/2013. Signed by Judge Nathanael Cousins on 10/1/13. (Attachments: # 1 Consent / Declination, # 2 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 10/1/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 LARRY BUCK,
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Case No. 13-cv-04084 NC
Plaintiff,

v.

ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
DISMISSED

14 KIM BROWER, JAMES ROHDE and
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DEBBIE GAYNOR,
Defendants.

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On September 11, 2013, defendants Kim Brower, James Rohde, and Debbie Gaynor
filed a motion to dismiss pro se plaintiff Larry Buck’s complaint. Dkt. No. 4. Civil Local
Rule 7-3(a) requires parties to file and serve an opposition within fourteen days after a
motion is filed. In the alternative, a party who does not oppose the motion must file a
statement of nonopposition with the Court within fourteen days. Civ. L.R. 7-3(b). Where,
as in this case, the motion was not served through the Court’s Electronic Case Filing (ECF)
system, see Dkt. No. 4-3, these deadlines are extended by 3 days. Civ. L.R. 7-3(a).
Accordingly, Buck’s response to defendants’ motion was due by September 30, 2013.
Buck has not filed a response. “Failure to follow a district court’s local rules is a proper
ground for dismissal.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Accordingly,

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Case No. 13-cv-04084 NC
ORDER TO SHOW CAUSE

as
ober
ose
nts’
n
s
1 Buck ha until Octo 11, 2013, to oppo defendan motion to dismiss (or file a
nt
pposition) an to show cause why this action should not be dismiss
nd
t
sed.
2 statemen of nonop
f
espond will result in di
ismissal of t case wi prejudic
this
ith
ce.
3 Buck’s failure to re

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Buck must also consent or decline the jurisdic
B
a
t
e
ction of a m
magistrate ju
udge by Oc
ctober

3.
ched consen
nt/declinatio forms.
on
5 11, 2013 See attac

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IT IS SO OR
T
RDERED.

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Date: Octobe 1, 2013
er

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____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 13-cv-0408 NC
84
ORDER TO SHOW CAUSE
R

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