Vadim Stanley Miesegaes v. Cliff Allenby et al
Filing
15
MINUTE ORDER (In Chambers) ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Rozella A. Oliver. After screening the Complaint purusant to 28 U.S.C. § 1915, the Court determined that the Complaint was deficient in multiple respects and issu ed an order on May 6, 2015 which, in part, dismissed it with leave to amend. (ECF No. 12.) The order granted Plaintiff until May 20, 2015 to amend and cautioned Plaintiff that "failure timely to file a First Amended Complaint or Notice of Dismissal may result in the dismissal of this action with or without prejudice on the grounds set forth above and/or for failure diligently to prosecute." (Id.) As of today, June 5, 2015, Plaintiff has filed neither a First Amended Complaint nor a Notice of Dismissal. IT IS HEREBY ORDERED that Plaintiff must show cause in writing, on or before June 26, 2015, why Plaintiff's action should not be dismissed due to his failure to prosecute. Failure to comply with this Order and/or to show cause will result in the dismissal of this action. 1 12 [SEE ORDER FOR FURTHER DETAILS] (gr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.:
Title:
CV 15-01574 CJC (RAO)
Vadim Stanley Miesegaes v. Cliff Allenby, et al.
Present:
Date:
June 5, 2015
The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE
Gay Roberson
Deputy Clerk
N/A
Court Reporter / Recorder
Attorneys Present for Plaintiff(s):
Attorneys Present for Defendant(s):
N/A
N/A
Proceedings:
(In Chambers) ORDER TO SHOW CAUSE RE DISMISSAL
On March 4, 2015, plaintiff Vadim Stanley Miesegaes (“Plaintiff”), who is committed to
the Atascadero State Hospital (“ASH”) after being adjudicated not guilty by reason of insanity
pursuant to California Penal Code § 1026, proceeding pro se, filed a “Complaint under the Civil
Rights of Institutionalized Persons Act, 42 U.S.C. § 1997(1)(A)(B)(i)” (“Complaint”) against (1)
Cliff Allenby, Director of the California Department of State Hospitals; (2) Linda Persons, ASH
Executive Director; and (3) Ryan Donahue, an ASH Registered Nurse. (ECF No. 1.)
After screening the Complaint purusant to 28 U.S.C. § 1915, the Court determined that
the Complaint was deficient in multiple respects and issued an order on May 6, 2015 which, in
part, dismissed it with leave to amend. (ECF No. 12.) The order granted Plaintiff until May 20,
2015 to amend and cautioned Plaintiff that “failure timely to file a First Amended Complaint
or Notice of Dismissal may result in the dismissal of this action with or without prejudice
on the grounds set forth above and/or for failure diligently to prosecute.” (Id.) As of today,
June 5, 2015, Plaintiff has filed neither a First Amended Complaint nor a Notice of Dismissal.
In light of the foregoing IT IS HEREBY ORDERED that Plaintiff must show cause in
writing, on or before June 26, 2015, why Plaintiff’s action should not be dismissed due to his
failure to prosecute. Failure to comply with this Order and/or to show cause will result in
the dismissal of this action.
Initials of Preparer
CV-90 (05/15)
CIVIL MINUTES – GENERAL
:
gr
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