Shavers v. Murphy

Filing 60

ORDER RE PLAINTIFF'S LATE-FILED RESPONSE TO THE ORDER TO SHOW CAUSE AND OPPOSITION TO DEFENDANT'S MOTION TO DISMISS. Signed by Magistrate Judge Donna M. Ryu on May 14, 2018. (dmrlc2, COURT STAFF) (Filed on 5/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYNTHIA SHAVERS,

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Plaintiff,

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v.
MICHAEL MURPHY,

Case No. 16-cv-05421-DMR
ORDER RE PLAINTIFF’S LATE-FILED
RESPONSE TO THE ORDER TO SHOW
CAUSE AND OPPOSITION TO
DEFENDANT’S MOTION TO DISMISS
Re: Dkt. Nos. 58, 59

Defendant.
On February 22, 2018, the court issued an order to show cause (“OSC”), instructing

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Plaintiff Cynthia Shavers to submit a written statement by no later than March 1, 2018 explaining

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her failure to respond to Defendant Michael Murphy’s (“Murphy”) Motion to Dismiss the Fifth

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Amended Complaint. [Docket No. 55]. The court warned Ms. Shavers that if she failed to

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respond by March 1, 2018, her case could be dismissed for failure to prosecute. [Id.] Ms. Shavers

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did not respond to the OSC. Accordingly, the court dismissed this case without prejudice for

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failure to prosecute on March 14, 2018. [Docket No. 57]. On March 21, 2018, Ms. Shavers filed

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a response to the OSC and an opposition to the motion to dismiss. [Docket Nos. 58, 59].

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The court already dismissed Ms. Shavers’s case after she was 2 weeks late in responding to

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the OSC. [Docket No. 57]. Her late filing was the last of several late filings. See [Docket Nos.

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31, 41, 55. Ms. Shavers was given multiple opportunities to amend the complaint, see, e.g.,

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Docket No. 48 (Fifth Amended Complaint), but was unable to adequately state a claim. The court

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therefore will not consider her March 21, 2018 filings. The case remains closed.

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______________________________________
Donna M.yRyu
M. R u
Donna Magistrate Judge
United States
Judge
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IT IS S

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Dated: May 14, 2018

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IT IS SO ORDERED.

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UNIT
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United States District Court
Northern District of California

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