Calvin Warr v. Debbie Asuncion et al

Filing 12

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE ANDFAILURE TO PAY INITIAL PARTIAL FILING FEE. Accordingly, within twenty-one (21) days of the date of this Order, that is, by June 20, 2018, plaintiff is ORDERED TO SHOW CAUSE (SEE ORDER FOR DETAILS). (kca)

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

CV 17-7219-FMO (SP)

Title

CALVIN WARR v. DEBBIE ASUNCION, et al.

Present: The Honorable

Date

May 30, 2018

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY COMPLAINT
SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND
FAILURE TO PAY INITIAL PARTIAL FILING FEE

On September 29, 2017, plaintiff Calvin Warr, a California prisoner proceeding
pro se, lodged a civil rights complaint pursuant to 42 U.S.C. § 1983. His complaint
alleged correctional officers used excessive force during a body search for contraband at
the California State Prison, Los Angeles County in Lancaster. On March 8, 2018, this
court, having completed screening of the complaint, found it subject to dismissal in large
part. The court granted plaintiff leave to file a First Amended Complaint by April 9,
2018. Alternatively, if plaintiff wished to proceed on the complaint only as to his
excessive force claim against defendants A. Lopez and Rose, the court gave plaintiff the
option of voluntarily dismissing the remaining defendants by April 9, 2018.
Also on March 8, 2018, the court granted plaintiff permission pursuant to 28
U.S.C. § 1915(b)(1) to proceed in the above-referenced action without pre-paying the full
filing fee of $350.00, but plaintiff was ordered to pay an initial partial filing fee, in the
amount of $9.83, within thirty days to the Clerk of Court, that is, also by April 9, 2018.
Nearly two months have passed beyond the April 9 deadline to both: (1) either file
a First Amended Complaint or file a notice of dismissal of certain defendants; and (2) pay
the $9.83 initial partial filing fee. The court has not received a First Amended Complaint,
notice of dismissal, payment, or any other communication from plaintiff.
Accordingly, within twenty-one (21) days of the date of this Order, that is, by June
20, 2018, plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

CV 17-7219-FMO (SP)

Date

Title

May 30, 2018

CALVIN WARR v. DEBBIE ASUNCION, et al.

should not be dismissed for failure to prosecute and/or comply with court orders.
Plaintiff is cautioned that his failure to timely file a response to this Order to Show Cause
will be deemed by the court as consent to the dismissal of this action without prejudice.
If plaintiff (1) files either a First Amended Complaint or notice voluntarily
dismissing all defendants except A. Lopez and Rose, and (2) also pays the initial partial
filing fee by June 20, 2018, this Order to Show Cause will be automatically discharged,
and plaintiff need not respond to it separately. In the event plaintiff wishes to voluntarily
dismiss this action in its entirety, plaintiff may complete and return the enclosed Notice
of Dismissal form so indicating by June 20, 2018.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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