Ricky Howard v. Paulette Finander et al

Filing 11

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Within twenty-one (21) days of the date of this Order, that is, by November 3, 2015, plaintiff is ORDERED TO SHOW CAUSE, in writing (SEE ORDER FOR DETAILS). (kca)

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

CV 15-1317-PA (SP)

Title

RICKY HOWARD v. PAULETTE FINANDER

Present: The Honorable

Date

October 13, 2015

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY COMPLAINT
SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

On May 26, 2015, this court dismissed the complaint in this case with leave to file
a First Amended Complaint by June 25, 2015. After plaintiff failed to respond by that
date, on July 14, 2015, the court issued an Order to Show Cause why the case should not
be dismissed for failure to prosecute. Plaintiff responded to the Order to Show Cause by
stating he never received the court’s May 26, 2015 dismissal order.
In light of this response, the Order to Show Cause was discharged, and the court
granted plaintiff an extension to September 18, 2015 to file a First Amended Complaint,
and sent plaintiff another copy of the May 26, 2015 dismissal order. More than three
weeks having passed since that deadline, the court has not received a First Amended
Complaint or any other communication from plaintiff.
Accordingly, within twenty-one (21) days of the date of this Order, that is, by
November 3, 2015, plaintiff is ORDERED TO SHOW CAUSE, in writing, why this
action should not be dismissed for failure to prosecute and/or comply with a court order.
Plaintiff is cautioned that his failure to timely file a response to this Order to Show
Cause will be deemed by the court as consent to the dismissal of this action without
prejudice. In the event plaintiff wishes to voluntarily dismiss this action, plaintiff may
complete and return the enclosed Notice of Dismissal form by November 3, 2015.
If plaintiff files a First Amended Complaint by November 3, 2015, this Order to
Show Cause will be automatically discharged, and plaintiff need not respond to it
separately.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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