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)

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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. Page 1 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk __ 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. Page 2 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk __

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