Tyler H. Willis v. Los Angeles Police Dept et al

Filing 34

Order to Show Cause Why Action Should Not Be Dismissed by Magistrate Judge Kenly Kiya Kato. Response to Order to Show Cause due by 8/7/2017. (dts)

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

CV 16-8349-RGK-KK

Date: July 24, 2017

Title: Tyler H. Willis v. Los Angeles Police Dept., et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order to Show Cause Why Action Should Not Be Dismissed

On June 12, 2017, Plaintiff constructively filed a First Amended Complaint (“FAC”)
pursuant to 42 U.S.C. § 1983 (“Section 1983”) against defendant Officer Secor in his individual
capacity. ECF Docket No. (“dkt.”) 29. On June 15, 2017, the Court authorized the United
States Marshal Service to serve the summons and FAC on Defendant Secor in his individual
capacity. Dkts. 32, 33. The Court additionally instructed Plaintiff to complete a USM-285 form
for Defendant Secor and to send the completed form to the clerk of court. Dkt. 33 at 1. The
Court further instructed Plaintiff to complete and file with the Court, within twenty-one (21)
days, a Notice of Submission “indicating that the completed USM-285 form(s) have been
provided to the clerk of the court.” Id. The Court explicitly warned Plaintiff that failure to
submit the completed USM-285 form and file the Notice of Submission within twenty-one (21)
days would subject the action “to dismissal without prejudice for Plaintiff’s failure to comply
with the Court’s order and Plaintiff’s failure to prosecute.” Id. at 2-3.
As of the date of this Order, Plaintiff has failed to submit a completed USM-285 form or
file a Notice of Submission as required by the June 15, 2017 Order. Accordingly, Plaintiff is
ORDERED TO SHOW CAUSE, in writing, why the Court should not dismiss his claim against
the sole defendant, and therefore this action, for failure to prosecute and comply with a court
order. Plaintiff shall have up to and including August 7, 2017 to respond to this Order.

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The Court warns Plaintiff that the Court will deem his failure to timely file a
response to this Order as consent to the dismissal of this action without prejudice.
IT IS SO ORDERED.

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