Shane Mathew Mulvihill v. Los Angeles County Sheriffs Department

Filing 12

SECOND ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Magistrate Judge Alka Sagar. Plaintiff has failed to file a Second Amended Complaint or respond to the Court's Order to Show Cause. The Court will provide Plaintiff time - to October 10, 20 17 - to file a Second Amended Complaint or a declaration stating why he is unable to do so. (See Minute Order for complete details) (Attachments: # 1 Order Dismissing Complaint with Leave to Amend (Docket Entry No. 10), # 2 Order to Show Cause re: Lack of Prosecution (Docket Entry No. 11), # 3 Civil Rights Complaint (Blank), # 4 Notice of Dismissal (Blank)) (afe)

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

CV 17-0200-MWF-AS

Title

Shane Matthew Mulvihill v. Los Angeles County Sheriffs Department

Present: The Honorable
Alma Felix
Deputy Clerk

Date

September 8, 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):

SECOND ORDER TO SHOW CAUSE RE
LACK OF PROSECUTION

On May 25, 2017, this Court issued an Order to Show Cause re Lack of Prosecution directing
Plaintiff to show cause, “in writing, no later than June 26, 2017, why this action should not be
dismissed with prejudice for failure to prosecute” (Docket Entry No. 11). Plaintiff was ordered to file a
Second Amended Complaint “that cures the deficiencies in the last pleading,” or “a declaration under
penalty of perjury stating why Plaintiff is unable to file a Second Amended Complaint.” Id.
To date, Plaintiff has failed to file a Second Amended Complaint or respond to the Court’s Order
to Show Cause. The Court will provide Plaintiff time - to October 10, 2017 - to file a Second
Amended Complaint or a declaration stating why he is unable to do so.
The Clerk is directed to attach a copy of the Court’s Order dismissing the complaint with leave
to amend (Docket Entry No. 10), and the Court’s May 25, 2017 Order to Show Cause to this Order.
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: Michael W. Fitzgerald
United States District Judge
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CV-90 (06/04)

CIVIL MINUTES - GENERAL

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