Cory Dwayne Micenheimer v. John Soto et al

Filing 13

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE by Magistrate Judge John E. McDermott. Response to Order to Show Cause due by 9/3/2014. [See Order for details.] (san)

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

CV 13-3853-CJC (JEM)

Date

August 11, 2014

Cory Dwayne Micenheimer v. John Soto, 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 June 5, 2013, Cory Dwayne Micenheimer (“Plaintiff”), a state prisoner
proceeding pro se and in forma pauperis, filed a civil rights complaint pursuant to 42
U.S.C. § 1983 (“Complaint”). On September 16, 2013, the Court dismissed the
Complaint, with leave to amend, pursuant to the screening provisions of the Prisoner
Litigation Act of 1995 (“PLRA”).
On November 18, 2013, Plaintiff filed a First Amended Complaint.1 On June 27,
2014, the Court issued a Memorandum and Order Dismissing First Amended Complaint
with Leave to Amend within thirty days. Plaintiff was explicitly cautioned that failure to
file a Second Amended Complaint (“SAC”) by the deadline set forth in the Court’s Order
of June 27, 2014, could result in a recommendation that this action be dismissed for
failure to prosecute and failure to comply with a court order.
The July 28, 2014, deadline to file the SAC has passed, and no SAC 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
than September 3, 2014.2 Plaintiff’s failure to respond in writing to the Order to Show
1

Although plaintiff has entitled the complaint “Second Amended Complaint,” it is a First Amended
Complaint and the Court will refer to it as such.
2

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

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

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 Second Amended Complaint consistent with the requirements of the
Court’s Order of June 27, 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
:
Initials of Deputy Clerk

CV-90 (12/02)

CIVIL MINUTES - GENERAL

sa

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