Robert Benyamini VEXATIOUS LITIGANT v. Steed, et al.

Filing 8

MINUTE ORDER (IN CHAMBERS): Order to Show Cause Why Case CV-16-07372 BRO (JDE) Should Not Be Dismissed by Magistrate Judge John D. Early. It appears that Plaintiff's claims in the Complaint are barred by the applicable statute of limitations. It also appears that no further amendment of the Complaint could cure its defects. Plaintiff is therefore ORDERED TO SHOW CAUSE why this action should not be dismissed with prejudice by filing a written response by no later than May 2, 2017 which sets forth: (1) any valid legal and/or factual reasons why the statute of limitations does not bar Plaintiff's claims; and (2) if Plaintiff asserts he could allege facts that would support a viable claim not subject to dismissal, Plaintiff is ordered to prepare and lodge a proposed First Amended Complaint setting forth those additional facts. (Please see document for further details) (Attachments: # 1 Notice of Dismissal Form CV-09, # 2 Civil Rights Complaint Form CV-66) (ig)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Plaintiff(s),

v.

Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)