Al-Quan Jackson v. Leroy Baca et al

Filing 53

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE by Magistrate Judge John E. McDermott. Response to Order to Show Cause due by 10/23/2014. [See Order for details.] (san)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title

CV 12-10393-JLS (JEM)

Date

October 2, 2014

Al-Quan Jackson v. Leroy Baca, et al.

Present: The Honorable

John E. McDermott, United States Magistrate Judge

S. Anthony
Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
FOR FAILURE TO PROSECUTE

On December 10, 2012, Al-Quan Jackson (“Plaintiff”), proceeding pro se and in
forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983
(“Complaint”). On February 19, 2013, the Court dismissed the Complaint with leave to
amend. On March 25, 2013, Plaintiff filed a First Amended Complaint (“FAC”). On
February 10, 2014, Defendant Samel Aldama filed an Answer to the FAC. On May 19,
2014, Plaintiff filed a “Motion for Leave to File an Amended Complaint” (“Motion to
Amend”), and lodged a proposed Second Amended Complaint (“SAC”) with the Court.
(Docket No. 47.) On August 15, 2014, the Court issued an Order granting Plaintiff’s
Motion to Amend and directing that the SAC be filed as of May 19, 2014.
On August 18, 2014, the Court issued a Memorandum and Order Dismissing
Second Amended Complaint with Leave to Amend within thirty days. Plaintiff was
explicitly cautioned that failure to file a Third Amended Complaint (“TAC”) by the
deadline set forth in the Court’s Order of August 18, 2014, could result in a
recommendation that this action be dismissed for failure to prosecute and failure to
comply with a court order.
The September 17, 2014, deadline to file the TAC has passed, and no TAC has
been filed.
In light of the foregoing, Plaintiff is ORDERED TO SHOW CAUSE why this
case should not be dismissed for failure to prosecute and/or failure to comply with a
Court order. Plaintiff shall file a written response to this Order to Show Cause no later

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

than October 23, 2014.1 Plaintiff’s failure to respond in writing to the Order to Show
Cause by the deadline may result in a recommendation that this action be dismissed for
failure to prosecute and/or failure to comply with a court order.
Filing of a Third Amended Complaint consistent with the Court’s Order of August
18, 2014, shall be a satisfactory response to the Order to Show Cause.
No extensions of this deadline will be granted absent extraordinary circumstances.
IT IS SO ORDERED.
cc: Parties
cc:

Parties

:
Initials of Deputy Clerk

sa

1

Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, oral argument on this
Order to Show Cause will not be heard unless ordered by the Court. Upon the filing of a Response, the Order
to Show Cause will stand submitted.
CV-90 (12/02)

CIVIL MINUTES - GENERAL

Page 2 of 2