Demond Mimms v. Bethina Lobianco et al

Filing 8

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian.IT IS ORDERED that the plaintiff shall show cause in writing, on or before February 26, 2014, why this action should not be dismissed based upon the deficiencies identified in the January 21 Order and/or based upon plaintiff's failure to prosecute. If plaintiff no longer wishes to pursue this action, he may expedite matters by instead signing and returning the attached Notice of Dismissal by the foregoing deadline. (Attachments: # 1 Dismissal Form) (hr)

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

CV 14-96 DMG(JC)

Title

Demond Mimms v. Bethina Lobianco, et al.

Present: The Honorable

Date

February 12, 2014

Jacqueline Chooljian, United States Magistrate Judge

Hana Rashad

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

none

none

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL

On January 13, 2014, plaintiff, Demond Mimms (“plaintiff”), who is at liberty, is proceeding pro
se and has been granted leave to proceed in forma pauperis, filed a Civil Rights Complaint
(“Complaint”) pursuant to 42 U.S.C. § 1983 against Los Angeles County Probation Officers Bethina
Lobianco and Nate Tyler, Los Angeles County, and the Los Angeles County Probation Department.
On January 21, 2014, this Court dismissed the Complaint with leave to amend and afforded
plaintiff an opportunity, if he wished to pursue this matter, to file a First Amended Complaint within two
weeks, i.e., by February 4, 2014. The Court expressly cautioned plaintiff that the failure timely to file a
First Amended Complaint may result in the dismissal of this action with or without prejudice on the
grounds set forth in the January 21 Order and/or for failure diligently to prosecute. To date, although the
foregoing deadline has expired, plaintiff has failed to file a First Amended Complaint or to seek an
extension of time to do so.
IT IS ORDERED that the plaintiff shall show cause in writing, on or before February 26, 2014,
why this action should not be dismissed based upon the deficiencies identified in the January 21 Order
and/or based upon plaintiff’s failure to prosecute. If plaintiff no longer wishes to pursue this action,
he may expedite matters by instead signing and returning the attached Notice of Dismissal by the
foregoing deadline.
Plaintiff is cautioned that the failure to comply with this order and/or to show good cause,
will result in the dismissal of this action based upon the deficiencies identified in the January 21
Order, plaintiff’s failure to prosecute this action and/or plaintiff’s failure to comply with the
Court’s order.
IT IS SO ORDERED.
Attachment
Initials of Deputy Clerk
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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