Brown v. California Department of Rehabilitation

Filing 7

ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 3/6/2014 10:00 AM. Show Cause Response due by 2/20/2014. Signed by Judge Maria-Elena James on 2/3/2014. (cdnS, COURT STAFF) (Filed on 2/3/2014) (Additional attachment(s) added on 2/3/2014: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AUGUSTUS M. BROWN,

Case No. 13-cv-05730-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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CALIFORNIA DEPARTMENT OF
REHABILITATION,
Defendant.

United States District Court
Northern District of California

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On December 11, 2013, Plaintiff Augustus M. Brown filed a Complaint and an

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Application to Proceed In Forma Pauperis. Plaintiff has consented to the jurisdiction of a United

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States magistrate judge pursuant to 28 U.S.C. § 636(c). On December 30, 2014, the Court granted

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Plaintiff’s in forma pauperis application and dismissed the Complaint with leave to amend. Dkt.

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No. 6. The Court informed Plaintiff that it was unable to determine whether Plaintiff stated any

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claims upon which relief can be granted because, although he stated at least 11 causes of action on

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the caption page, the body of the Complaint is mostly one long paragraph without any connection

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between the alleged facts and causes of action. Id. The Court ordered Plaintiff to file any

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amended complaint by January 30, 2014, and warned him that failure to file an amended

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complaint by this deadline would result in the dismissal of this case with prejudice. The Court

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directed the Clerk of Court to close the file if Plaintiff failed to file an amended complaint by

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January 30.

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As of the date of this Order, Plaintiff has failed to file an amended complaint.

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Accordingly, the Court hereby ORDERS Plaintiff Augustus M. Brown to show cause why this

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case should not be dismissed for failure to prosecute and failure to comply with court deadlines.

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Plaintiff shall file a declaration by February 20, 2014. If a responsive declaration is filed, the

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Court shall either issue an order based on the declaration or conduct a hearing on March 6, 2014 at

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10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California.

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Notice is hereby provided to Plaintiff that the Court may dismiss the case without a hearing if no

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responsive declaration is filed. Thus, it is imperative that Plaintiff file a written response by the

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deadline above.

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IT IS SO ORDERED.

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Dated: February 3, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

United States District Court
Northern District of California

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