Cribbs #715114 et al v. Case et al

Filing 23

ORDER TO SHOW CAUSE re Defendant City of Battle Creek Police Department's Motion to Dismiss 13 , and Defendant Case's Motion to Dismiss 16 ; Plaintiffs are hereby ordered to show cause why Defendants' motions should not be granted; responses due by 4/19/2012; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, jal)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

COREY CRIBBS II, et al.,
Plaintiffs,

Hon. Janet T. Neff

v.

Case No. 1:11-cv-713

JOEL CASE, et al.,
Defendants.
____________________________________/
ORDER TO SHOW CAUSE
This matter is before the Court on Defendant City of Battle Creek Police Department’s
Motion to Dismiss, (dkt. #13), and Defendant Case’s Motion to Dismiss, (dkt. #16). Plaintiffs have
failed to respond to Defendants’ motions. Plaintiffs are hereby ordered to show cause why Defendants’
motion should not be granted.
Plaintiff Corey Cribbs II and his mother, Kameaka Tate, initiated the present action
against Officer Joel Case, Officer Stephen Bash, Attorney Steven Parks, the City of Battle Creek Police
Department, and two unknown parties. Plaintiffs’ claims have since been dismissed, save their Fourth
Amendment excessive force claims against Defendants Case and the Battle Creek Police Department.
Defendants Case and Battle Creek Police Department now move to dismiss Plaintiffs’ claims for failure
to state a claim on which relief may be granted. Plaintiffs have failed to respond to Defendants’ motions.
Plaintiffs are hereby ordered to show cause why Defendants’ motions should not be
granted. Plaintiffs shall comply with this Order no later than fourteen (14) days from the date of
this Order to Show Cause. In the event that Plaintiffs fail to timely comply with this Order to

Show Cause, the undersigned will recommend that Defendants’ motions be granted based on
Plaintiffs’ failure to prosecute this matter as well as their failure to comply with this Court’s
Orders. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.

Date: April 5, 2012

/s/ Ellen S. Carmody
ELLEN S. CARMODY
United States Magistrate Judge

-2-