Glenn Bosworth v. United States of America et al

Filing 22

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE by Magistrate Judge Suzanne H. Segal. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE within fourteen (14) days of the date of this Order why this action should not be dismissed with prejudice for failure to prosecute. Plaintiff may discharge this Order by filing either a Third Amended Complaint curing the deficiencies of the SAC or a declaration under penalty of perjuryexplaining why he is unable to do so. (See document for further details). (Attachments: # 1 Notice of Dismissal) (sbou)

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

CV 14-0498 DMG (SS)

Title:

Glenn Bosworth v. United States of America, et al.

DOCKET ENTRY:

Date: July 22, 2015
Page 1 of 2

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD
NOT BE DISMISSED FOR FAILURE TO PROSECUTE

PRESENT:
HONORABLE SUZANNE H. SEGAL, UNITED STATES MAGISTRATE JUDGE
_Marlene Ramirez_

_______None_______

__None__

Deputy Clerk

Court Reporter/Recorder

Tape No.

ATTORNEYS PRESENT FOR PLAINTIFF:

ATTORNEYS PRESENT FOR DEFENDANTS:

None Present

None Present

PROCEEDINGS: (IN CHAMBERS)
On November 12, 2014, Plaintiff Glenn Bosworth (“Plaintiff”), a federal prisoner
proceeding pro se, filed a Second Amended Complaint (the “SAC”) for violation of his
civil rights. (Dkt. No. 16). On March 26, 2015, the Court dismissed the SAC with leave
to amend due to multiple pleading deficiencies, but granted Plaintiff until April 27, 2015,
to file a Third Amended Complaint (the “TAC”). (Dkt. No. 17). Plaintiff was expressly
warned that failure to timely file a TAC, or to correct the SAC’s pleading deficiencies,
would result in a recommendation that this action be dismissed for failure to prosecute and
obey Court orders pursuant to Federal Rule of Civil Procedure 41(b).
On April 13, 2015, Plaintiff informed the Court that he had learned of, but not
received, the Court’s March 26, 2015, Order. (Dkt. No. 18). Plaintiff asked the Court to
reissue the Order and extend the deadline for filing his TAC. (Id.). On May 7, 2015, the

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

CV 14-0498 DMG (SS)

Date: July 22, 2015
Page 2 of 2

Title:

Glenn Bosworth v. United States of America, et al.

Court granted an extension but did not address Plaintiff’s request for a copy of the March
26 Order. (Dkt. No. 19). On May 18, 2015, Plaintiff requested a copy of the Order and a
further extension of time to file the TAC. (Dkt. No. 20). On June 5, 2015, the Court
directed the Clerk to reissue the Order and granted Plaintiff until June 19, 2015, to file his
TAC. (Dkt. No. 21). The Court specified that no further extensions would be granted. As
of today, however, Plaintiff has failed to file a Third Amended Complaint.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE within fourteen (14)
days of the date of this Order why this action should not be dismissed with prejudice for
failure to prosecute. Plaintiff may discharge this Order by filing either a Third Amended
Complaint curing the deficiencies of the SAC or a declaration under penalty of perjury
explaining why he is unable to do so.
If Plaintiff no longer wishes to pursue this action, he may request a voluntary
dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a). A Notice
of Dismissal form is attached for Plaintiff’s convenience. Plaintiff is again 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 prosecute and obey court
orders pursuant to Federal Rule of Civil Procedure 41(b).
The Clerk of the Court is directed to serve a copy of this Order upon Plaintiff at his
address of record.
IT IS SO ORDERED.

MINUTES FORM
CIVIL-GEN

Initials of Deputy Clerk mr