Joseph Toussaint v. California Department of Corrections and Rehabilitation et al

Filing 30

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Case Should Not Be Dismissed for Failure to Prosecute. Accordingly, within twenty-one (21) days of the date of this Order, that is, by November 17, 2016, 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. (kca)

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

CV 15-3557-PA (SP)

Title

Joseph Toussaint v. California Department of Corrections and Rehabilitation, et al.

Present: The Honorable

Date

October 27, 2016

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 Case Should Not Be Dismissed
for Failure to Prosecute

On May 12, 2015, plaintiff Joseph Toussaint, proceeding pro se and in forma
pauperis, filed a civil rights complaint pursuant to Title II of the American with
Disabilities Act and Section 504 of the Rehabilitation Act. Plaintiff alleges he was
denied basic programs, services, and activities due to his psychiatric disability while he
was housed at the California State Prison, Los Angeles County.
On October 16, 2015, defendant filed a motion to dismiss the complaint. On
September 13, 2016, the court issued an Order granting defendant’s motion, dismissing
plaintiff’s claims for injunctive and declaratory relief with prejudice, and granting
plaintiff until October 13, 2016 to file a First Amended Complaint to cure the
deficiencies of his claims for monetary relief, as discussed in the court’s August 4, 2016
Report and Recommendation. Two weeks having passed beyond this 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 17, 2016, 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 may discharge the Order to Show Cause by filing a First Amended Complaint
by November 17, 2016, in accordance with the court’s August 4, 2016 Report and
Recommendation.
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.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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