Tito A. Thomas v. California Victim Compensation Program et al

Filing 8

(In Chambers) ORDER TO SHOW CAUSE RE FAILURE TO TIMELY FILE A FIRST AMENDED COMPLAINT by Magistrate Judge Rozella A. Oliver. IT IS ORDERED that Plaintiff must show cause, in writing, on or before March 8, 2017, why this case should not be dismisse d for failure to prosecute and to comply with Court orders. Plaintiff's failure to timely respond to this Order will result in a recommendation that this case be dismissed without prejudice. (SEE ORDER FOR FURTHER DETAILS) (Attachments: # 1 NOTICE OF DISMISSAL) (gr)

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

CV 16-7653 JLS (RAO)
Date: February 22, 2017
Tito Ace Thomas v. California Victim Compensation Program, et al.

Present:

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 FAILURE TO
TIMELY FILE A FIRST AMENDED COMPLAINT

On September 30, 2016, Plaintiff Tito A. Thomas (“Plaintiff”), proceeding pro se, filed a
civil rights complaint, presumably pursuant to 42 U.S.C. § 1983 and/or § 1981 (“Complaint”).
(Dkt. No. 1.) Plaintiff also filed a request to proceed in forma pauperis. (Dkt. No. 2.) On
October 28, 2016, the Court granted Plaintiff’s IFP request. (Dkt. No. 6.) However, after
screening the Complaint pursuant to 28 U.S.C. § 1915(e)(2), the Court determined that this
action was likely time-barred and that Plaintiff’s pleading was deficient. Thus, on January 13,
2017, the Court dismissed the Complaint but granted Plaintiff leave to amend. (Dkt. No. 7.)
The Court’s order dismissing the Complaint gave Plaintiff until February 13, 2017, to file
a First Amended Complaint (“FAC”), and it warned Plaintiff that his failure to do so could result
in the dismissal of this action. (Dkt. No. 7 at 10-11.) To date, Plaintiff has not submitted a FAC
or any other response to the Court’s order.
In light of the foregoing, IT IS ORDERED that Plaintiff must show cause, in writing, on
or before March 8, 2017, why this case should not be dismissed for failure to prosecute and to
comply with Court orders. Plaintiff’s failure to timely respond to this Order will result in a
recommendation that this case be dismissed without prejudice.
Alternatively, Plaintiff may comply with this order by filing a FAC that remedies the
deficiencies noted in the Court’s January 13 order dismissing the Complaint. As noted in that
order, such a pleading must (a) be labeled “First Amended Complaint”; (b) be complete in and of
itself and not refer in any manner to the original Complaint, i.e., it must include all of the claims

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CIVIL MINUTES - GENERAL

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

CV 16-7653 JLS (RAO)
Date: February 22, 2017
Tito Ace Thomas v. California Victim Compensation Program, et al.

on which Plaintiff seeks to proceed, Local Rule 15-2; (c) contain a “short plain” statement of the
claim(s) for relief, see Fed. R. Civ. P. 8(a); (d) make each allegation “simple, concise and
direct.” Fed. R. Civ. P. 8(d)(1); (e) make allegations in numbered paragraphs, “each limited as
far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b); (f) set forth clearly the
sequence of events giving rise to the claims for relief; and (g) allege with sufficient specificity
what each defendant did and how that individual’s conduct violated Plaintiff’s civil rights.
If Plaintiff no longer wishes to proceed in this action, he may expedite matters by signing
and returning the attached Notice of Dismissal by the foregoing deadline, which will result in the
voluntary dismissal of this action without prejudice.
IT IS SO ORDERED.
Attachments.
Initials of Preparer

CV-90 (05/15)

CIVIL MINUTES - GENERAL

:
gr

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