Gilmore v. Lake et al

Filing 9

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/9/2017 10:00 AM. Show Cause Response due by 2/6/2017. Signed by Judge Maria-Elena James on 1/25/2017. (mejlc3, COURT STAFF) (Filed on 1/25/2017) (Additional attachment(s) added on 1/25/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO GILMORE,

Case No. 16-cv-06518-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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KATRINA LAKE, et al.,
Defendants.

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On November 9, 2016, Plaintiff Antonio Gilmore filed a Complaint and an Application to
Proceed in Forma Pauperis. Compl., Dkt. No. 1; Appl., Dkt. No. 2. On November 9, 2016, the

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United States District Court
Northern District of California

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Clerk of Court directed Plaintiff to either consent to or decline magistrate jurisdiction within 14

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days of filing, or November 23, 2016; the Clerk also set case management deadlines. See Order

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Setting Initial CMC and ADR Deadlines (“CMC Order”), Dkt. No. 3. On November 21, 2016, the

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undersigned granted Plaintiff’s Application. Dkt. No. 4. The Court served each of these

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documents on Plaintiff at the address he had provided to the Court via first class mail. Each

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document was returned to the Court as undeliverable. See First Mail Return Receipt, Dkt. No. 6;

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Second Mail Return Receipt, Dkt. No. 7; Third Mail Return Receipt, Dkt. No. 8). Plaintiff has

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failed to update his address of record with the Court, and has not prosecuted the action since

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initially filing the Complaint.

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Based on this inaction, the Court hereby ORDERS Plaintiff Antonio Gilmore to show

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cause why this case should not be dismissed for failure to prosecute and failure to comply with

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court deadlines. Plaintiff shall file a declaration by February 6, 2017. If a responsive declaration

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is filed, the Court shall either issue an order based on the declaration or conduct a hearing on

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February 9, 2017 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San

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Francisco, California. Notice is hereby provided that failure to file a written response will be

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deemed an admission that Plaintiff does not intend to prosecute, and the case will be dismissed

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without prejudice. Thus, it is imperative that the Court receive a written response by the deadline

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above.

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IT IS SO ORDERED.
Dated: January 25, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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