David Upton v. Aref Fakhoury et al

Filing 16

ORDER TO SHOW CAUSE Regarding Plaintiff's Failure to File First AmendedComplaint (In Chambers) by Magistrate Judge Patrick J. Walsh: Plaintiff has until June 10, 2011, to file his FAC or, alternatively, to show good cause for his failure to timely file the FAC by filing one or more declarations under penalty of perjury and supporting documents, if needed. ** PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS** (ca)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

CASE NO.: ED CV 10-0702-ABC (PJW)

Date: May 10, 2011

TITLE: David Upton v. Arek Fakhoury, et al.
==========================================================================
PRESENT:
HON. PATRICK J. WALSH, MAGISTRATE JUDGE
Celia Anglon-Reed
N/A
Deputy Clerk
Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFF:
None

PROCEEDINGS:

ATTORNEYS PRESENT FOR DEFENDANTS:
None

Order to Show Cause Regarding Plaintiff’s Failure to File First Amended
Complaint (In Chambers)

On June 9, 2010, the Court dismissed the Complaint and granted Plaintiff
leave to file a First Amended Complaint (“FAC”). (Docket No. 8.) The
FAC was due to be filed on July 15, 2010. In Plaintiff’s other civil
rights action pending before this court, he notified the Court that his
address changed. On March 2, 2011, the Court sent him an order to show
at his new address, giving him until March 22, 2011 to file the FAC. On
April 22, 2011, the Court issued a final order to show cause, but the
order was returned undelivered because Plaintiff moved without notifying
the Court. On May 9, 2011, in the other action pending before this
court, he notified the Court that his address had changed again. To
date, Plaintiff has not filed a FAC in this case.
Under Federal Rule of Civil Procedure 41(b), an action may be
involuntarily dismissed for failure of the plaintiff to prosecute or
comply with any order of the Court. See Omstead v. Dell, 594 F.3d 1081,
(9th Cir. 2010). A plaintiff’s failure to file an amended complaint,
despite being told of the consequences, warrants dismissal. See Ferdik
v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

MINUTES FORM 90
CIVIL -- GEN

Initials of Deputy Clerk

CA

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Accordingly, Plaintiff has until June 10, 2011, to file his FAC or,
alternatively, to show good cause for his failure to timely file the FAC
by filing one or more declarations under penalty of perjury and
supporting documents, if needed.
Plaintiff is warned that if he does not respond to this order within the
time allowed, or if he fails to show good cause for the failure to timely
file the FAC, this action will be dismissed without prejudice under Rule
41(b). Plaintiff is further warned that, if he moves again and fails to
immediately notify the Court of his new address, the Court will dismiss
the case without prejudice under Federal Rule of Civil Procedure 41(b).
See C.D. Local R. 41-6 ("A party proceeding pro se shall keep the Court
and opposing parties apprised of such party's current address and
telephone number, if any, and e-mail address, if any. If mail directed
by the Clerk to a pro se plaintiff's address of record is returned
undelivered by the Postal Service, and if, within fifteen (15) days of
the service date, such plaintiff fails to notify, in writing, the Court
and opposing parties of said plaintiff's current address, the Court may
dismiss the action with or without prejudice for want of prosecution.").

cc:
David Upton
55860 Haugen-Lehmann Way
Whitewater, California 92282

S:\PJW\Cases-Civil Rights\UPTON 702\MO_OSC FAC 2.wpd

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Initials of Deputy Clerk

CA