El Bey v. Russell et al

Filing 31

ORDER TO PLAINTIFF TO SHOW CAUSE RE: FAILURE TO PROSECUTE. Signed by Judge Jacqueline Scott Corley on 7/5/2024. Show Cause Response due by 7/18/2024. (ahm, COURT STAFF) (Filed on 7/5/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JEFFERY DEAN HERSEY EL BEY, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 23-cv-00107-JSC ORDER TO PLAINTIFF TO SHOW CAUSE RE: FAILURE TO PROSECUTE v. J. RUSSELL, Defendant. 12 13 Plaintiff initiated and is prosecuting this civil rights excessive force action without the 14 benefit of an attorney. Defendant answered the complaint as narrowed by the Court. Plaintiff did 15 not appear at the initial case management conference held on March 28, 2024 and did not 16 participate in filing a joint case management conference statement. The Court nonetheless issued 17 a pretrial order adopting the case schedule Defendant proposed. (Dkt. Nos. 28, 29.) The pretrial 18 order scheduled a further case management conference for July 11, 2024. (Dkt. No. 29 at 1.) 19 According to Defendant’s further case management conference statement filed July 3, 20 2024, Plaintiff did not respond to Defendant’s communications regarding submission of a joint 21 case management conference statement. (Dkt. No. 30 at 1.) Plaintiff also did not appear for his 22 noticed deposition or respond to Defendant’s request for written discovery. (Dkt. No. 30 at 3.) 23 As Plaintiff has not fulfilled his responsibilities to prosecute this action, including 24 responding to Defendant’s discovery requests and participating in the submission of a joint case 25 management conference statement, he is ORDERED TO SHOW CAUSE why this action should 26 not be DISSMISSED based on his failure to prosecute. See Fed. R. Civ. P. 41(b). In particular, to 27 keep his action from being dismissed, Plaintiff shall file a written submission with this Court by 28 July 18, 2024, explaining why he has not complied with Defendant’s discovery requests and has 1 2 The case management conference scheduled for July 11, 2024 is continued to August 8, 3 2025 at 1:30 p.m. via Zoom video. Plaintiff must communicate with Defendant’s counsel and 4 cooperate in the submission of a joint case management conference statement by August 1, 2024. 5 Plaintiff is warned that his failure to file a written submission by July 18, 2024 6 showing good cause for his failure to respond to Defendant’s discovery requests and 7 cooperate in the submission of a case management conference statement, as well as his 8 failure to participate in the submission of a joint case management conference statement for 9 the continued further case management conference now scheduled for August 8, 2024, will 10 11 United States District Court Northern District of California not participated in the submission of a joint case management conference statement. likely result in the DISMISSAL OF HIS CASE WITH PREJUDICE. Plaintiff is reminded he may wish to seek assistance from the Legal Help Center, a free 12 service of the Volunteer Legal Services Program, by calling 415-782-8982, or by signing up for an 13 appointment on the 15th Floor of the Federal Courthouse in San Francisco, 450 Golden Gate 14 Avenue, San Francisco, California. At the Legal Help Center, he will be able to speak with an 15 attorney who may be able to provide basic legal help but not representation. 16 17 IT IS SO ORDERED. Dated: July 5, 2024 18 19 JACQUELINE SCOTT CORLEY United States District Judge 20 21 22 23 24 25 26 27 28 2

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