Lillard v. Colvin

Northern District of California, cand-4:2015-cv-01279

ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 2/19/2016. Signed by Judge Kandis A. Westmore on 1/15/2016. (kawlc1, COURT STAFF)

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ANDREALIUS QUINCY LILLARD, 7 Case No. 15-cv-01279-KAW Plaintiff, 8 ORDER TO SHOW CAUSE v. 9 Re: Dkt. No. 17 CAROLYN W. COLVIN, 10 Defendant. 11 12 Northern District of California United States District Court 13 On August 27, 2015, the Court granted Plaintiff's counsel's motion to withdraw as counsel 14 of record, and extended Plaintiff's time to file a motion for summary judgment to October 12, 15 2015. (Dkt. No. 16.) Therein, the Court provided Plaintiff with the contact information for the 16 Federal Pro Bono Project's Help Desk, as well as the district court's manual for pro se litigants, to 17 assist him in representing himself. To date, Plaintiff has not filed a motion for summary 18 judgment. 19 On November 25, 2015, Defendant filed a motion for summary judgment and/or dismissal 20 for failure to prosecute. (Dkt. No. 17.) Plaintiff has not filed an opposition. 21 Accordingly, the Court orders Plaintiff to show cause why this case should not be 22 dismissed for failure to prosecute. By February 19, 2016, Plaintiff shall separately file 23 (1) a written response to this order to show cause to explain why he did not file the motion for summary judgment by the October 12, 24 2015 deadline and why Defendant's motion should not be granted as unopposed; and 25 (2) file an opposition and cross-motion for summary judgment or a 26 notice of non-opposition to Defendant's motion for summary judgment. 27 28 Failure to file both documents may result in the dismissal of this action for failure to prosecute or, 1 in the alternative, Defendant's motion for summary judgment may be granted as unopposed. See 2 Judge Westmore's General Standing Order ¶ 22 ("The failure of the opposing party to file a 3 memorandum of points and authorities in opposition to any motion shall constitute consent to the 4 granting of the motion"). 5 IT IS SO ORDERED. 6 Dated: January 15, 2016 __________________________________ 7 KANDIS A. WESTMORE 8 United States Magistrate Judge 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2