Ferguson v. State of California, California Highway Patrol et al

Filing 17

ORDER TO SHOW CAUSE. Signed by Magistrate Judge Jacqueline Scott Corley on 6/9/2016. (ahm, COURT STAFF) (Filed on 6/9/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERRY DOMINO FERGUSON, Plaintiff, 8 STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, et al., 11 United States District Court Northern District of California ORDER TO SHOW CAUSE v. 9 10 Case No. 15-cv-05939-JSC Defendants. 12 13 Plaintiff Terry Domino Ferguson, proceeding pro se, originally filed suit in the Superior 14 Court of California, County of Contra Costa, against Defendants State of California, California 15 Highway Patrol, Officer Chris Davidson, and Does 1-25 (together, “Defendants”) in connection 16 with Defendants’ conduct during Plaintiff’s arrest on June 28, 2014. Defendants removed this 17 action to federal court on December 22, 2015. (Dkt. No. 1.) Pursuant to the Court’s order, the 18 parties were required to file a joint case management conference statement by June 2, 2016, and to 19 appear for a Case Management Conference on June 9, 2016. (Dkt. No. 13.) Plaintiff, however, 20 did not participate in filing a joint case management conference statement and did not appear at 21 the Case Management Conference on June 9, 2016. Plaintiff has also failed to respond to four 22 separate notices asking that he decline or consent to magistrate judge jurisdiction. (Dkt. Nos. 6, 8, 23 10, 14.) 24 Accordingly, Plaintiff is Ordered to Show Cause as to why this action should not be 25 dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Plaintiff shall 26 appear for hearing on the Order to Show Cause on June 30, 2016 at 1:30 p.m. in Courtroom 27 F, 450 Golden Gate Ave., San Francisco, California. 28 If Plaintiff fails to appear on June 30, this action may be dismissed without further notice. 1 The Court reminds Plaintiff that he may seek free assistance from the Northern District’s Pro Se 2 Help Desk, United States Courthouse, San Francisco, 450 Golden Gate Avenue, 15th Floor, Room 3 2796, San Francisco, CA 94102, or the Help Desk at the Oakland Federal Courthouse, 1301 Clay 4 Street, 4th Floor, Room 470S, Oakland, CA 94612. Appointments can be made in person or by 5 calling 415-782-8982. 6 7 IT IS SO ORDERED. Dated: June 9, 2016 8 9 JACQUELINE SCOTT CORLEY United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERRY DOMINO FERGUSON, Case No. 15-cv-05939-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, et al., Defendants. 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 June 9, 2016, 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. 18 19 20 Terry Domino Ferguson 1616 Michael Street Pinole, CA 94564 21 22 Dated: June 9, 2016 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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