Ruiz v. The City of Fresno ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IGNACIO RUIZ, Case No. 1:24-cv-00287-KES-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY SANCTIONS 13 v. SHOULD NOT ISSUE FOR FAILURE TO FILE PROOF OF SERVICE OR STATUS REPORT 14 THE CITY OF FRESNO, et al., (ECF No. 13) 15 Defendant. DEADLINE: OCTOBER 17, 2024 16 17 18 On September 27, 2024, the Court issued an order requiring Plaintiff Ignacio Ruiz to file 19 proof of service or a status report regarding service on Paco Balderrama, Mindy Casto, Joe 20 Alvarez, Tom Rowe, Anthony DeWall, Sean Biggs, and Joshua Knapp. (ECF No. 13.) The 21 Court gave Plaintiff through October 11, 2024, to file proof of service or a status report. (Id.) 22 Plaintiff has not done so nor requested an extension of time from the Court. 23 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 24 or with any order of the Court may be grounds for imposition by the Court of any and all 25 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 26 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 27 including dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 28 2000). Plaintiff shall show cause in writing why sanctions should not issue for the failure to file 1 | proof of service or a status report in compliance with the Court’s order entered September 27, 2 | 2024. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall show cause in writing no later than October 17, 2024, why 5 sanctions should not issue for the failure to file proof of service or a status report 6 by the deadline stated in the September 27, 2024 order (ECF No. 13); and 7 2. Failure to comply with this order will result in the issuance of sanctions. 8 9 IT IS SO ORDERED. DAM Le 10 | Dated: _October 15, 2024 __ ef UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28