Opinion

Brown v. City of Fresno

Court
District Court, E.D. California
Filed
Sep 27, 2022
Cited by
0 cases

The opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 LEWIS DEWANE BROWN, Case No. 1:22-cv-00216-JLT-SAB

12 Plaintiff, ORDER TO SHOW CAUSE IN WRITING WHY

SANCTIONS SHOULD NOT ISSUE FOR

13 v. FAILURE TO COMPLY

14 CITY OF FRESNO, et al., (ECF No. 9)

15 Defendants. DEADLINE: SEPTEMBER 30, 2022

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18 Plaintiff Lewis Dewane Brown initiated this action on February 21, 2022. (ECF No. 1.)

19 On May 16, 2022, Plaintiff requested an extension of time to complete service. (ECF No. 8.)

20 The Court granted Plaintiff’s request, ordering service be completed within 120 days (September

21 14, 2022). (ECF No. 8.) On September 20, 2022, the Court ordered Plaintiff to file a status

22 report as to service. (ECF No. 9.) The status report was due by September 25, 2022. The Court

23 notes that the deadline to file a status report has expired, but nothing has been filed.

24 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules

25 or with any order of the Court may be grounds for imposition by the Court of any and all

26 sanctions … within the inherent power of the Court.” The Court has the inherent power to

27 control its docket and may, in the exercise of that power, impose sanctions where appropriate,

28 including dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir.

1 | 2000).

2 The Court shall require Plaintiff to show cause why sanctions should not issue for the

3 | failure to file a status report in compliance with the Court’s September 20, 2022 order (ECF No.

4 } 9).

5 Accordingly, IT IS HEREBY ORDERED that:

6 1. Plaintiff shall show cause in writing no later than September 30, 2022, why

7 sanctions, including monetary sanctions or dismissal, should not issue for the

8 failure to file dispositional documents as required by the September 20, 2022

9 order; and

10 2. Failure to comply with this order will result in the issuance of sanctions.

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0 IT IS SO ORDERED. FA. ee

13 | Dated: _ September 27, 2022

4 UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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