Fernando Morales Aguilar v. Warden

Filing 4

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION by Magistrate Judge Suzanne H. Segal. Petitioner is therefore ORDERED TO SHOW CAUSE, within fourteen (14) days of the date of this Order, why this action should not be dismissed for lack of jurisdiction. Petitioner is expressly warned that failure to timely file a response to this Order will result in a recommendation that this action be dismissed with prejudice for failure to comply with Court orders and failur e to prosecute. Petitioner is further advised that instead of filing a response to the instant Order, he may request a voluntary dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a)(1). A voluntary dismissal is without prejudice and Petitioner could refile his claims in the appropriate court. A Notice of Dismissal form is attached for Petitioner's convenience. (Attachments: # 1 NOTICE OF DISMISSAL) (mr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Plaintiff(s),

v.
Defendant(s).

NOTICE OF DISMISSAL PURSUANT
RULE 41(a) or (c) F.R.Civ.P.

PLEASE TAKE NOTICE: (Check one)

G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)

is

dismissed by Claimant(s) in its entirety.
is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

G The Third-party Claim brought by Claimant(s)

is

dismissed by the Claimant(s) in its entirety.

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by
.
The dismissal is made pursuant to Rule 41(a) or (c) of the Federal Rules of Civil Procedure.

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-9 (07/01)

NOTICE OF DISMISSAL PURSUANT TO F.R.Civ.P. 41(a) or (c)