Jacob George David v. County of San Bernardino et al

Filing 52

MINUTE IN CHAMBERS ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE by Magistrate Judge John E. McDermott. Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to prosecute and/or failure to comply with a Court order. Plaintiff shall file a written response to this Order to Show Cause no later than August 21, 2014. Plaintiff's failure to respond in writing to the Order to Show Cause by the deadline may result in a recommendation that this action be dismissed for failure to prosecute and/or failure to comply with a court order. (See Order for Further Details) (kl)

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

Date

EDCV 12-1583-DOC (JEM)

July 24, 2014

Jacob George David v. County of San Bernardino, et al.

Present: The Honorable

John E. McDermott, United States Magistrate Judge

S. Anthony
Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(In Chambers) ORDER TO SHOW CAUSE RE: DISMISSAL FOR
FAILURE TO PROSECUTE

Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983, in which he
seeks to recover damages for Defendants’ alleged violation of Plaintiff’s constitutional
rights based on the use of excessive force.
On June 12, 2014, the Court issued a Memorandum and Order Dismissing
Complaint with Leave to Amend within thirty days. Plaintiff was explicitly cautioned
that failure to comply with the requirements of the Court’s Order of June 12, 2014, could
result in a recommendation that this action be dismissed for failure to prosecute and/or
failure to comply with a court order.
The July 12, 2014, deadline to file the FAC has passed, and no FAC has been filed.
The Court’s Orders of June 12, 2014, and June 24, 2014, were returned to the Court on
July 8, 2014, and July 7, 2014, respectively, with a note stating, “Return to Sender Out of
Custody” and “Unable To Forward”. Plaintiff has not filed a change of address notifying
the Court of a new address. Local Rule 41-6 requires Plaintiff, inter alia, to keep the
Court apprised of his current address.
In light of the foregoing, Plaintiff is ORDERED TO SHOW CAUSE why this
case should not be dismissed for failure to prosecute and/or failure to comply with a
Court order. Plaintiff shall file a written response to this Order to Show Cause no later
than August 21, 2014.1 Plaintiff’s failure to respond in writing to the Order to Show
1

Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, oral argument on this
Order to Show Cause will not be heard unless ordered by the Court. Upon the filing of a Response, the Order
to Show Cause will stand submitted.
CV-90 (12/02)

CIVIL MINUTES - GENERAL

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

Cause by the deadline may result in a recommendation that this action be dismissed for
failure to prosecute and/or failure to comply with a court order.
Filing of a Notice of Change of Address advising the Court of Plaintiff’s current
address shall be a satisfactory response to the Order to Show Cause.
No extensions of these deadline will be granted absent extraordinary
circumstances.
cc: Parties

:
Initials of Deputy
Clerk

CV-90 (12/02)

CIVIL MINUTES - GENERAL

sa

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