Ikey Porter Currey v. K. Seibel, et al.

Filing 23

ORDER TO SHOW CAUSE Re: Lack of Prosecution by Magistrate Judge Alka Sagar. Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than June 2, 2017, why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (Attachments: # 1 Courts February 21, 2017 Order, # 2 Civil Rights Complaint (Blank), # 3 Notice of Dismissal (Blank)) (afe)

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

CV 16-4491-JLS (AS)

Title

Ikey Porter Curry v. K. Seibel, et al.

Present: The Honorable
Alma Felix
Deputy Clerk

Date

May 12, 2017

Alka Sagar, United States Magistrate Judge
Not reported
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

Order to Show Cause Re: Lack of Prosecution

On June 21, 2016, Plaintiff Ikey Porter Curry (“Plaintiff”) filed a pro se civil rights
Complaint pursuant to 42 U.S.C. § 1983. (Docket Entry No. 1). The case was assigned to this
Court, and a Notice of Assignment was mailed to Plaintiff at his address of record. (Docket
Entry No. 3). On July 14, 2016, before the Court screened the initial Complaint, Plaintiff filed
a First Amended Complaint. (Docket Entry No. 5). On September 8, 2016, the Court dismissed
the First Amended Complaint with leave to amend. (Docket Entry No. 8). After receiving
numerous extensions of time, Plaintiff filed a Second Amended Complaint on December 29,
2016. (Docket Entry No. 17).
On February 21, 2017, the Court dismissed the Second Amended Complaint with leave to
file a Third Amended Complaint by March 23, 2017. (Docket Entry No. 18). Plaintiff was
“explicitly cautioned that failure to timely file a Third Amended Complaint, or failure to correct
the deficiencies described . . . , may result in a recommendation that this action, or portions
thereof, be dismissed with prejudice for failure to prosecute and/or failure to comply with court
orders.” (Id. at 16).
On March 27, 2017, Plaintiff moved for an extension of time in which to file a Third
Amended Complaint. (Docket Entry No. 19). On March 28, 2017, the Court granted Plaintiff’s
motion and ordered him to file a Third Amended Complaint by April 27, 2017. (Docket Entry
No. 20).

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

CV 16-4491-JLS (AS)

Date

Title

May 12, 2017

Ikey Porter Curry v. K. Seibel, et al.

On April 3, 2017, Plaintiff filed a “Motion for Access to Prison Law Library.” (Docket
Entry No. 21). On April 6, 2017, the Court denied the motion without prejudice, ruling that the
Court lacked jurisdiction over the California State Prison, Los Angeles County (“CSP-LAC”),
which is not a party to this action. (Docket Entry No. 22). The Court’s order also advised
CSP-LAC officers that Plaintiff had a legal action pending and permitted the Plaintiff to use the
Court’s order in support of any request for access to the CSP-LAC law library. (Id.).
To date, Plaintiff has failed to file a Third Amended Complaint or request a further
extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in
writing, no later than June 2, 2017, why this action should not be dismissed with prejudice for
failure to prosecute. This Order will be discharged upon the filing of a Third Amended
Complaint that cures the deficiencies in the last pleading or upon the filing of a declaration
under penalty of perjury stating why Plaintiff is unable to file a Third Amended Complaint. A
copy of the Court’s February 21, 2017 Order is attached for Plaintiff’s convenience.
If Plaintiff no longer wishes to pursue this action, he may request a voluntary
dismissal pursuant to Federal Rule of Civil Procedure 41(a). A notice of dismissal form is
attached for Plaintiff’s convenience. Plaintiff is warned that a failure to timely respond to
this Order will result in a recommendation that this action be dismissed with prejudice
under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court
orders.
cc: Josephine L. Staton
United States District Judge
0
Initials of Preparer

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AF

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