Daniel S. Luna v. Avalos et al

Filing 50

MINUTES (In Chambers) Order to Show Cause Why Case Should Not be Dismissed for Failure to Prosecute by Magistrate Judge Patricia Donahue: Plaintiff is ORDERED TO SHOW CAUSE on or before July 12, 2021, why the Court should not recommend that this action be dismissed for failure to prosecute. [See document for details and deadlines] (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No.

CIVIL MINUTES – GENERAL

CV 19-9061-MCS (PD)

Title

Daniel S. Luna v. Avalos et al.

Present: The Honorable:

Date: June 7, 2021

Patricia Donahue, U.S. Magistrate Judge

Isabel Martinez
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiffs:
N/A

Attorneys Present for Defendants:
N/A

Proceedings:

(In Chambers) Order to Show Cause Why Case
Should Not be Dismissed for Failure to Prosecute

On June 25, 2020, Plaintiff Daniel Luna, who is incarcerated and
proceeding pro so, filed a Third Amended Complaint against Officers
Williams, Rose, and Coleman, three correctional officers at California State
Prison (Lancaster). [Dkt. No. 25.] On July 1, 2020, the Court issued the
Case Management Order and ordered the United States Marshal to effect
service on these three defendants. [Dkt. Nos. 26, 27.] On March 10, 2021,
Defendants filed a motion to dismiss the Third Amended Complaint. [Dkt.
No 46.] On March 11, 2021, the Court ordered Plaintiff to respond to the
Motion to Dismiss no later than April 8, 2021. [Dkt. No. 47.] To date,
Plaintiff has not filed a response.
According to the California Department of Corrections and
Rehabilitation website, Plaintiff is still incarcerated at the California State
Prison in Lancaster. See https://inmatelocator.cdcr.ca.gov (CDCR Number
BB2094).

CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No.

CIVIL MINUTES – GENERAL

CV 19-9061-MCS (PD)

Title

Daniel S. Luna v. Avalos et al.

Date: June 7, 2021

Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, an
action may be subject to involuntary dismissal if a plaintiff “fails to prosecute
or to comply with these rules or a court order.” As Plaintiff has failed to
comply with a Court Order, the Third Amended Complaint is subject to
dismissal.
Plaintiff is ORDERED TO SHOW CAUSE on or before July 12,
2021, why the Court should not recommend that this action be dismissed for
failure to prosecute. Plaintiff may discharge this Order by filing both of the
following:
(1) a declaration signed under penalty of perjury, explaining why he
failed to comply with the Court’s order setting a deadline for his response to
the Motion to Dismiss the Third Amended Complaint; and
(2) a response to the Motion to Dismiss the Third Amended Complaint.
Additionally, on June 1, 2021, Plaintiff filed a letter which suggests
that the Court represents him in this matter and which seeks to add “Officer
Morales” to the Third Amended Complaint. [Dkt. No. 48.] Plaintiff is
reminded that the Court does not represent him.
Plaintiff’s request to amend the Third Amended Complaint and add
this officer is denied because even construed liberally, the Third Amended
Complaint does not contain any allegations related to this individual. “[A]
complaint must contain sufficient factual matter, accepted as true, to state a
claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (internal quotation marks omitted). “A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. at 678.

CV-90 (03/15)

Civil Minutes – General

Page 2 of 3

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No.

CIVIL MINUTES – GENERAL

CV 19-9061-MCS (PD)

Title

Daniel S. Luna v. Avalos et al.

Date: June 7, 2021

Plaintiff is advised that the failure to timely comply with this
order may result in the dismissal of this case pursuant to Fed. R. Civ.
P. 41(b) and Local Rule 41-1.

IT IS SO ORDERED.

Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

:
im

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