Darrell Parks v. Wren et al

Filing 79

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED by Magistrate Judge Karen E. Scott. Response to Order to Show Cause due by 9/26/2018. (See document for further details.) (sbou)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:12-cv-01353-SVW-KES

Date: August 30, 2018

Title: DARREL JAMES PARKS v. WREN, et al.
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR
PLAINTIFF:
None Present

ATTORNEYS PRESENT FOR
DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS):

Order to Show Cause Why Action
Should Not Be Dismissed

Plaintiff, an inmate in federal custody proceeding pro se, initiated this action in 2012 and
was granted leave to proceed in forma pauperis. (Dkt. 1, 4.) The operative complaint is the First
Amended Complaint (“FAC”) filed in October 2013. (Dkt. 31.) The action was dismissed with
prejudice in its entirety (Dkt. 38, 39), but the Ninth Circuit reversed that dismissal as to the First
Amendment retaliation claim against R. Villegas (“Defendant”), a correctional officer at the
United States Penitentiary (“USP”) in Victorville, California. (Dkt. 44.)
On May 7, 2018, the Court issued an order directing Plaintiff to provide certain
documents to the United States Marshal, so that the Marshal can serve Defendant R. Villegas
with process. (Dkt. 77.) The Court directed Plaintiff to send the documents to the Marshal and
file a Notice of Submission with this Court on or before June 6, 2018. (Id.) Plaintiff failed to
file a Notice of Submission.
Upon inquiry to the Marshal, the Court learned that the Marshal still required certain
documents from Plaintiff. On July 13, 2018, the Court issued an order directing Plaintiff to
provide these documents to the Marshal and file a Notice of Submission on or before August 10,
2018. (Dkt. 78.) As of the date of this Order, Plaintiff has not filed a Notice of Submission or
otherwise responded to either of these orders.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:12-cv-01353-SVW-KES

Date: August 30, 2018
Page 2

IT IS THEREFORE ORDERED that, on or before September 26, 2018, Plaintiff shall
(a) submit the required documents to the United States Marshal and file a Notice of Submission
with the Court, or (b) explain why he has not yet done so.
If Plaintiff fails to timely respond to this Order, the Magistrate Judge will
recommend that this action be dismissed for failure to timely serve the Defendant with
process, lack of prosecution, and/or failure to obey court orders.

Initials of Deputy Clerk JD