Hettinga et al v. Loumena et al

Filing 9

ORDER RECOMMENDING DENIAL OF APPLICATION TO PROCEED IN FORMA PAUPERIS; REQUEST FOR REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE; ORDER RECOMMENDING ORDER TO SHOW CAUSE FOR FAILURE TO PROSECUTE. Signed by Judge Paul S. Grewal on March 14, 2011. (psglc1, COURT STAFF) (Filed on 3/14/2011)

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Hettinga et al v. Loumena et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California SAN JOSE DIVISION 11 WYLMINA E. HETTINGA, ET AL., 12 13 14 15 16 17 18 Plaintiff Wylmina E. Hettinga has applied to proceed in forma pauperis. 19 Having reviewed the papers, 20 IT IS HEREBY ORDERED that the case shall be reassigned to a U.S. District Judge with a 21 recommendation that Plaintiff's application be denied. 22 IT IS FURTHER RECOMMENDED that an order to show cause be issued for failure to 23 prosecute. 24 A case management conference statement was due on September 21, 2010 and a case 25 26 not file a case management conference statement and did not appear for the conference. Also, by 27 28 1 ) ) Plaintiffs, ) ) v. ) ) TIMOTHY P. LOUMENA, ET AL., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-02975 PSG ORDER RECOMMENDING DENIAL OF APPLICATION TO PROCEED IN FORMA PAUPERIS; REQUEST FOR REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE; ORDER RECOMMENDING ORDER TO SHOW CAUSE FOR FAILURE TO PROSECUTE management conference was scheduled to be held on September 28, 2010.1 However, Plaintiffs did See 7/7/10 Order Setting Initial Case Mgmt. Conf. and ADR Deadlines (Docket No. 3). ORDER, page 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 September 21, 2010, (at least) Plaintiffs were required either to file written consent to the jurisdiction of the magistrate judge or to request reassignment to a district judge.2 None did so.3 Dated: March 14, 2011 PAUL S. GREWAL United States Magistrate Judge 2 28 3 See Civ. L.R. 73-1(a)(1). The court further notes that no counsel has appeared for the four minor co-plaintiffs. ORDER, page 2

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