Gamboa

(PC) Garces v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaJanuary 4, 20231:21-cv-00392California1,581 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LUIS MANUEL GARCES, Case No. 1:21-cv-00392-JLT-EPG (PC) Plaintiff, ORDER DIRECTING PLAINTIFF TO SHOW

CAUSE WHY SANCTIONS SHOULD NOT

13 v. ISSUE FOR VIOLATING FEDERAL RULE

OF CIVIL PROCEDURE

M. GAMBOA, et al.,

RESPONSE DUE IN THIRTY (30) DAYS Defendants.

17 18 Plaintiff Luis Manuel Garces (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this action pursuant to 42 U.S.C. § 1983. On December 27, 2022, Plaintiff filed 20 a request for entry of default against Defendants Gamboa, Babb, and Sanders. (ECF No. 94). 21 Upon review, it appears that Plaintiff’s request is without legal or evidentiary support. 22 Accordingly, the Court will order Plaintiff to show cause why sanctions should not issue for 23 violating Federal Rule of Civil Procedure 11.

I. LEGAL STANDARDS

25 A. Federal Rule of Civil Procedure 11 26 Federal “Rule [of Civil Procedure] 11 provides for the imposition of sanctions when a 27 filing is…

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