Yahshalom B.J. Gray v. L.A. County Sheriff Dept. et al

Filing 35

ORDER TO SHOW CAUSE AS TO WHY ACTION SHOULD NOT BE DIMISSED by Magistrate Judge Shashi H. Kewalramani.Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why the Court should not dismiss his claims against Defendants for failure to serve and /or failure to prosecute. If Plaintiff wishes to proceed with this lawsuit against these Defendants, within fourteen (14) days of the date of this Order, Plaintiff must: (1) complete the USM-285 forms, which are attached to this Order, in detail and file the completed forms with the Clerk of Court along with a Notice of Submission, which is also attached to this Order; or (2) show cause in writing why this action should not be dismissed for failure to serve and/or failure to prosecute. The Clerk is ordered to provide Plaintiff with blank USM-285 forms. (Attachments: # 1 USM ORDER) (dc)

Case 2:23-cv-01424-JLS-SHK

Document 35
#:254

Filed 03/06/25

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

2:23-cv-01424-JLS-SHK

Date: March 6, 2025

Title: Yahshalom B.J. Gray v. L.A. County Sheriff Dept., et al.

Present: The Honorable Shashi Kewalramani, United States Magistrate Judge
D. Castellanos

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings (IN CHAMBERS): ORDER TO SHOW CAUSE AS TO WHY ACTION
SHOULD NOT BE DIMISSED
On January 29, 2025, the Court issued its Order Re: Service of Third Amended Complaint
(“TAC”), Report and Recommendation by the Magistrate Judge and Order Accepting the Report
and Recommendation (“Service Order”), Electronic Case Filing Number (“ECF No.”) 34, Service
Order, in which, the Court authorized Plaintiff Yahshalom B.J. Gray (“Plaintiff”) to serve the
TAC utilizing the United States Marshals Service (“USMS”) on Defendants Jonathan Hill, J.
Harris, J.Tobias., F. Meier, Butao, Bautista, Castillo, Clark, Carrillo, and Calderon in their
individual capacities (collectively, “Defendants”). Id. at 1. Plaintiff was ordered to provide a
Notice of Submission and all necessary documents including the USM-285 forms in which the
addresses for each Defendant must be provided to the United States Marshals to complete service.
Id. at 2. To date, the Court has not received the required documents from Plaintiff to complete
service. The Court warned Plaintiff in the Service Order that “[i]f Plaintiff does not submit the
completed USM-285 forms and file the Notice of Submission by February 21, 2025, this action
will be subject to dismissal without prejudice for Plaintiff’s failure to comply with the Court’s
order and/or Plaintiff’s failure to prosecute.” Id. (emphasis in original).
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why the Court
should not dismiss his claims against Defendants for failure to serve and/or failure to prosecute.
If Plaintiff wishes to proceed with this lawsuit against these Defendants, within fourteen (14)
days of the date of this Order, Plaintiff must: (1) complete the USM-285 forms, which are
attached to this Order, in detail and file the completed forms with the Clerk of Court along with a
Notice of Submission, which is also attached to this Order; or (2) show cause in writing why this
action should not be dismissed for failure to serve and/or failure to prosecute. The Clerk is
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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk: DC

Case 2:23-cv-01424-JLS-SHK

Document 35
#:255

Filed 03/06/25

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ordered to provide Plaintiff with blank USM-285 forms.
Alternatively, Plaintiff may request to voluntarily dismiss the action without prejudice,
pursuant to Federal Rule of Civil Procedure 41(a), with respect to Defendants. The Clerk of
Court is directed to mail Plaintiff a blank Notice of Dismissal Form, which the Court encourages
Plaintiff to use.
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 in its entirety without
prejudice.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk: DC