McGuire

Shawn Philip Triefenbach v. McGuire

Good Law
United States District Court, Central District of CaliforniaSeptember 5, 20238:22-cv-00206California296 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SA CV 22-206 DMG (MRW) Date September 1, 2023 Title Triefenbach v. McGuire

Present: Hon. Michael R. Wilner, U.S. Magistrate Judge James Muñoz n/a Deputy Clerk Court Reporter / Recorder Attorneys for Plaintiff: Attorneys for Defendant: n/a n/a Proceedings: ORDER TO SHOW CAUSE RE: DISMISSAL

1. In July 2023, Defendant Tovar moved for summary judgment in this pro se prisoner civil action. (Docket # 62.) The Court informed Plaintiff of his obligation to respond to the motion by or before August 7. (Docket # 63.) To date, however, Plaintiff has not filed anything responsive to the motion.

2. The Court could rightly terminate the action today under Federal Rule of Civil Procedure 41 and based on the substance of the unopposed motion. Heinemann v. Satterberg, 731 F.3d 914, 916 (9th Cir. 2013). Further, the Court is aware that Plaintiff has been unable to advance service and discovery issues due to his chaotic litigation filings to date.

3. Nevertheless, in the interests of fairness to a…

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