David Sinohuiz Jr. v. Los Angeles County Jail et al

Filing 6

MINUTE ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION by Magistrate Judge Alka Sagar. Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than May 12, 2017, why this action should not be dismissed with prejudice for failure to prosecute. (Attachments: # 1 January 27, 2017 Order, # 2 Notice of Dismissal Form, # 3 Civil Rights Complaint Form) (mz)

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

CV 17-0351-DOC (AS)

Date

Title

April 17, 2017

David Sinohuiz, Jr. v. Los Angeles County Jail, et al.

Present: The Honorable Alka Sagar, United States Magistrate Judge
Alma Felix
Not reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

Order to Show Cause Re: Lack of Prosecution

On January 17, 2017, Plaintiff David Sinohuiz, Jr. (“Plaintiff”) filed a pro se civil rights
Complaint pursuant to 42 U.S.C. § 1983. (Docket Entry No. 1). The case was assigned to this
Court, and a Notice of Assignment was mailed to Plaintiff at his address of record. (Docket
Entry No. 3). On January 27, 2017, the Court dismissed Plaintiff’s Complaint with leave to
amend, directing Plaintiff to “file a First Amended Complaint no later than 30 days from the
date of this Order.” (Docket Entry No. 5). Plaintiff was “explicitly cautioned that failure to
timely file a First Amended Complaint, or failure to correct the deficiencies described . . . , may
result in a recommendation that this action, or portions thereof, be dismissed with prejudice for
failure to prosecute and/or failure to comply with court orders.” (Id. at 18).
To date, Plaintiff has failed to file a First Amended Complaint, request an extension of
time to do so, or otherwise communicate with the Court. Accordingly, Plaintiff is ORDERED
TO SHOW CAUSE, in writing, no later than May 12, 2017, why this action should not be
dismissed with prejudice for failure to prosecute. This Order will be discharged upon the filing
of a First Amended Complaint that cures the deficiencies in the last pleading or upon the filing
of a declaration under penalty of perjury stating why Plaintiff is unable to file a First Amended
Complaint. A copy of the Court’s January 27, 2017 Order is attached for Plaintiff’s
convenience.
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

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CIVIL MINUTES - GENERAL

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

CV 17-0351-DOC (AS)

Date

April 17, 2017

Title

David Sinohuiz, Jr. v. Los Angeles County Jail, et al.

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: David O. Carter
United States District Judge
0
Initials of Preparer

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CIVIL MINUTES - GENERAL

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00

AF

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