Loumena v. Kennedy et al

Filing 20

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Signed by Judge Lucy H. Koh on February 4, 2015. (lhklc1, COURT STAFF) (Filed on 2/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACK LOUMENA,

Case No. 14-cv-04165-LHK

United States District Court
Northern District of California

Plaintiff,
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v.
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PAMELA KENNEDY, et al.,
Defendants.

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
Re: Dkt. No. 3

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Plaintiff Jack Loumena filed a complaint in this Court on September 16, 2014. ECF No. 1.

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On November 3, 2014, defendants Walter Hammon and Travis Krepelka filed a Motion to

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Dismiss and Request for Judicial Notice, arguing that Plaintiff’s lawsuit fails to state a claim under

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42 U.S.C. § 1983 and is barred by the Rooker-Feldman doctrine. ECF Nos. 3, 5. Pursuant to Civil

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Local Rule 7-3(a), Plaintiff’s Opposition to the Motion to Dismiss was due on November 17,

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2014.1 As of today, February 5, 2015, Plaintiff has not filed an Opposition or Statement of

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Nonopposition to Defendants’ Motion to Dismiss.

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The Court hereby ORDERS Plaintiff to show cause why this case should not be dismissed
for failure to prosecute. This Order does not authorize Plaintiff to file an untimely Opposition to

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The Court renoticed the motion on November 20, 2014, after this case was reassigned to
the undersigned. ECF No. 19. The hearing on the motion was renoticed for March 12, 2015, at
1:30 p.m. Id. The briefing schedule, however, remained unchanged. Id.

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Defendants’ Motion to Dismiss. Plaintiff has until February 18, 2015, to file a written response to

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this Order to Show Cause.

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Plaintiff’s failure to respond to this Order will result in dismissal with prejudice for failure
to prosecute.

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IT IS SO ORDERED.
Dated: February 4, 2015
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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