Hettinga et al v. Loumena et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY WITHOUT PREJUDICE MOTION TO PROCEED IN FORMA PAUPERIS AND TO SHOW CAUSE FOR FAILURE TO PROSECUTE. Signed by Judge Jeremy Fogel on April 4, 2011. (jflc3, COURT STAFF) (Filed on 4/4/2011)

Hettinga et al v. Loumena et al

Doc. 11

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**E-Filed 4/4/2011**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION WYLMINA E. HETTINGA, et al., Plaintiffs, v. TIMOTHY P. LOUMENA, et al., Defendants. [RE: Doc. No. 2] Case Number 5:10-cv-02975 JF/PSG ORDER1 ADOPTING REPORT AND RECOMMENDATION TO DENY WITHOUT PREJUDICE MOTION TO PROCEED IN FORMA PAUPERIS AND TO SHOW CAUSE FOR FAILURE TO PROSECUTE

On July 7, 2010, Plaintiffs filed the instant complaint and motion for leave to proceed in in forma pauperis. However, Plaintiffs did not file a case management conference statement or appear for a scheduled case management conference on September 28, 2010. In addition, no Plaintiff filed either a written consent to the jurisdiction of a magistrate judge or request for reassignment to a district judge. On March 14, 2011, Magistrate Judge Paul S. Grewal ordered that the case be reassigned to a United States District Judge, recommending that Plaintiffs' application to proceed in forma pauperis be denied and an order to show cause be issued for failure to prosecute be issued. No party has objected to the recommendation. Pursuant to 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72(b), and Civil Local Rule 72-3, this Court concurs with and adopts in its entirety Judge Grewal's Report and Recommendation. Accordingly, Plaintiffs' application to proceed in forma pauperis will be

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This disposition is not designated for publication and may not be cited.

Case No. 05:10-cv-02975 JF/PSG ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND SHOW CAUSE FOR FAILURE TO PROSECUTE (JFLC3)

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denied without prejudice. Plaintiffs are hereby ordered to show cause on April 29, 2011 at 10:30 a.m., why this action should not be dismissed for failure to prosecute. If Plaintiffs do not file a response to the order to show cause by April 22, 2011, demonstrating why the case should not be dismissed, the Court will dismiss the action without prejudice, pursuant to Fed. R. Civ. Pro. 41(b), for failure to prosecute.

IT IS SO ORDERED. DATED: April 4,2011 __________________________________ JEREMY FOGEL United States District Judge

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Case No. 05:10-cv-02975 JF/PSG ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND SHOW CAUSE FOR FAILURE TO PROSECUTE

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
Case No. 05:10-cv-02975 JF/PSG ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND SHOW CAUSE FOR FAILURE TO PROSECUTE

WYLMINA E. HETTINGA, et al., Plaintiff,

Case Number 5:10-cv-02975 JF/PSG CERTIFICATE OF SERVICE

v. TIMOTHY P. LOUMENA, et al., Defendants.

I, the undersigned, hereby certify that I am an employee of the Office of the Clerk, United States District Court, Northern District of California. On April 4, 2011, I served a true and correct copy of the attached document to each of the persons hereinafter listed by placing said copy in a postage paid envelope and depositing said envelope in the United States mail, or by placing said envelope in the outgoing mail delivery receptacle located in the Clerk's Office: Wylmina E Hettinga 844 Downswood Court San Jose, CA 95120 DATED: April 4, 2011 For the Court Richard W. Weiking, Clerk By: /s/ Diana Munz Courtroom Deputy Clerk