Ivan L. Mendez v. Two Connected

Filing 11

ORDER TO SHOW CAUSE by Magistrate Judge David T Bristow: Accordingly, on or before November 18, 2011, petitioner is ORDERED to either (a) show good cause in writing, if any exists, why plaintiff did not timely file with the Court his First Amended Co mplaint, and why the Court should not recommend that this action be dismissed, with prejudice, for failure to prosecute and failure to comply with the Courts prior Order; or (b) serve and file a First Amended Complaint. Plaintiff is forewarned that, if he fails to do either, the Court may deem such failure a further violation of a Court order justifying dismissal, and also deem such failure as further evidence of a lack of prosecution on plaintiffs part. (am)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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IVAN L. MENDEZ,

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Plaintiff,
vs.
TWO CONNECTED WIRED
SOLDIERS, et al.,
Defendants.

) Case No. CV 11-4934-JFW (DTB)
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) ORDER TO SHOW CAUSE
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On July 20, 2011, the Court issued an Order Denying Plaintiff’s Request to

19 Proceed Without Prepayment of Full Filing Fee and Order Dismissing Complaint
20 with Leave to Amend. As plaintiff failed to file his First Amended Complaint within
21 the time allotted, on September 6, 2011, the Court, sua sponte, extended plaintiff’s
22 time up to and including September 30, 2011, to file his First Amended Complaint.
23 On September 1, 2011, plaintiff requested an extension of time within which to file
24 his First Amended Compliant. The Court granted plaintiff an extension of time up
25 to and including October 14, 2011, to file his First Amended Complaint. Plaintiff has
26 failed to file his First Amended Complaint within the allotted time nor has he
27 requested an additional extension of time within which to do so.
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The Court notes that in its Order dismissing plaintiff’s Complaint, plaintiff was

2 admonished that if he failed to timely file a First Amended Complaint, the Court
3 would recommend that this action be dismissed with prejudice on the grounds set
4 forth in the dismissal order and for failure to diligently prosecute. (See Order
5 Denying Plaintiff’s Request to Proceed Without Prepayment of Full Filing Fee and
6 Order Dismissing Complaint with Leave to Amend at 5.)
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Accordingly, on or before November 18, 2011, petitioner is ORDERED to

8 either (a) show good cause in writing, if any exists, why plaintiff did not timely file
9 with the Court his First Amended Complaint, and why the Court should not
10 recommend that this action be dismissed, with prejudice, for failure to prosecute and
11 failure to comply with the Court’s prior Order; or (b) serve and file a First Amended
12 Complaint. Plaintiff is forewarned that, if he fails to do either, the Court may deem
13 such failure a further violation of a Court order justifying dismissal, and also deem
14 such failure as further evidence of a lack of prosecution on plaintiff’s part.
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16 DATED: November 1, 2011
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DAVID T. BRISTOW
UNITED STATES MAGISTRATE JUDGE

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