Daniel A. Davis v. Juan Guerrero et al

Filing 35

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Douglas F. McCormick. Plaintiffs deadline to file his Notice of Submission has expired. Plaintiff has neither filed his Notice of Submission nor sought an extension of time in which to do so. This represents a failure to prosecute. Accordingly, on or before January 25, 2017, Plaintiff is ORDERED to either (a) show good cause in writing, if any exists, why Plaintiff did not timely file his Notice of Submission, and why the Court should not dismiss this action for failure to prosecute and failure to comply with the Courts prior order; or (b) serve and file his Notice of Submission in the format specified in the Courts October 28, 2016 order. (es)

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

CV 15-03829-JAK (DFM)

Title

Daniel A. Davis v. Juan Guerrero et al.

Present: The Honorable

Date

January 4, 2017

Douglas F. McCormick

Nancy Boehme

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

n/a

n/a

Proceedings:

(In Chambers) Order to Show Cause

Plaintiff filed his third amended complaint in this matter on May 9, 2016. Dkt. 20. On
October 28, 2016, this Court filed an order directing service of process on 12 individual Defendants
as well as the County of Los Angeles. Dkt. 28. At the same time, the Court ordered the Clerk to
provide Plaintiff with USM-285 forms and service of process instructions. Dkt. 27. The Court also
ordered Plaintiff to file, within thirty (30) days of that order, a Notice of Submission indicating that
he had submitted a completed summons, USM-285 forms, and copies of the third amended
complaint to the U.S. Marshal’s Service. Id. ¶ 3.
Plaintiff’s deadline to file his Notice of Submission has expired. Plaintiff has neither filed his
Notice of Submission nor sought an extension of time in which to do so. This represents a failure to
prosecute. Accordingly, on or before January 25, 2017, Plaintiff is ORDERED to either (a) show
good cause in writing, if any exists, why Plaintiff did not timely file his Notice of Submission, and
why the Court should not dismiss this action for failure to prosecute and failure to comply with the
Court’s prior order; or (b) serve and file his Notice of Submission in the format specified in the
Court’s October 28, 2016 order. Plaintiff is expressly forewarned that if he fails to do either, the
Court will deem such failure a further violation of a Court order justifying a recommendation of
dismissal and also deem such failure as further evidence of a lack of prosecution warranting a
recommendation of dismissal.

:
Initials of Clerk

CV-90 (10/08)

CIVIL MINUTES - GENERAL

nkb

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