DeJames Henderson v. Randy Grounds

Filing 103

MINUTES (In Chambers): Order to Show Cause Why the Action Should Not be Dismissed for Failure to Prosecute by Magistrate Judge Maria A. Audero: Petitioner hereby is ORDERED to show cause, in writing, no later than August 24, 2022, why this action should not be dismissed for lack of prosecution. [See Order for details.] (Attachments: # 1 Attachment 1, # 2 Attachment 2) (es)

Case 2:13-cv-02153-MCS-MAA Document 103 Filed 07/25/22 Page 1 of 2 Page ID #:3304
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 2:13-cv-02153-MWF-MAA

Date: July 25, 2022

Title:

DeJames Henderson v. Randy Grounds

00
Present:

The Honorable MARIA A. AUDERO, United States Magistrate Judge
Narissa Estrada
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Petitioner:
N/A

Attorneys Present for Respondent:
N/A

Proceedings (In Chambers):

Order to Show Cause Why the Action Should Not be
Dismissed for Failure to Prosecute

On April 13, 2022, the Court granted Petitioner DeJames Henderson’s (“Petitioner”) fifth
request for an extension of time in which to file his Second Amended Petition (“SAP”) or
alternatively, his Objections to the Court’s March 16, 2022 Report and Recommendation
recommending denial of Petitioner’s First Amended Petition (“April 13 Order”). (Apr. 13, 2022
Order, ECF No. 102.) The Court ordered Petitioner to file the SAP or Objections by no later than
May 31, 2022, and cautioned Petitioner that the Court was not inclined to grant any further
extensions except upon a showing of good cause, including a showing of diligence. (Id. at 2.)
To date, Petitioner has not filed his SAP or Objections, nor has he filed any additional
extension requests. Accordingly, Petitioner hereby is ORDERED to show cause, in writing, no later
than August 24, 2022, why this action should not be dismissed for lack of prosecution. In the event
that Petitioner files his SAP or Objections on or before that date, this OSC will be discharged and the
case will proceed.
Alternatively, Petitioner may file a notice of dismissal in this action. The Clerk is directed to
attach Form CV-09 (Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c))
to this Order.
Petitioner is cautioned that failure to respond to this Order may result in a
recommendation that the First Amended Petition be dismissed without prejudice for failure to
prosecute and/or failure to comply with a court order pursuant to Federal Rule of Civil
Procedure 41(b). See Fed. R. Civ. P. 41; C.D. Cal. L.R. 41-1.
It is so ordered.
CV-90 (03/15)

Civil Minutes – General

Page 1 of 2

Case 2:13-cv-02153-MCS-MAA Document 103 Filed 07/25/22 Page 2 of 2 Page ID #:3305
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 2:13-cv-02153-MWF-MAA
Title:

Date: July 25, 2022

DeJames Henderson v. Randy Grounds

Attachments:
Form CV-09 (Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c))
Form CV-69 (Petition for Writ of Habeas Corpus by a Person in State Custody)

CV-90 (03/15)

Civil Minutes – General

Page 2 of 2