Al Gene Fisher, Jr. v. Galyen, et al.

Summary

The United States District Court for the Eastern District of California orders plaintiff Al Gene Fisher, Jr. to show cause within twenty-one days why the action should not be dismissed for failure to prosecute and failure to comply with local rules. The order also directs plaintiff to file an opposition or statement of non-opposition to defendants' motion for summary judgment, warning that failure to respond will result in a recommendation of dismissal.

Holdings

1. A district court may impose sanctions, including dismissal, for a litigant's failure to comply with court orders or applicable local rules.
2. If plaintiff fails to respond to the order to show cause, the failure will constitute noncompliance with a court order and will result in a recommendation that the action be dismissed.

Questions Presented

1. Whether plaintiff should be required to show cause why the action should not be dismissed for failure to prosecute and failure to comply with local rules after failing to respond to defendants' motion for summary judgment.

Disposition

other