Lovell Brown v. Verdesoto et al

Filing 21

ORDER TO SHOW CAUSE by Magistrate Judge Patrick J. Walsh, On August 30, 2013, the Court dismissed the Complaint with leave to file a First Amended Complaint (FAC) by October 5, 2013. (Doc. No. 16.) Plaintiff requested two extensions of time in which to do so. The Court granted both requests, giving Plaintiff until December 27, 2013 to file the FAC. (Doc. Nos. 18, 20.) As of the date of this Order, however, Plaintiff has still not done so. Plaintiff now has until February 21, 2014 to file the 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. (SEE ORDER FOR FURTHER DETAILS) (lmh)

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

CASE NO.: CV 13-1236-CJC (PJW)

Date: January

30, 2014

TITLE: Lovell Brown v. Verdesoto, 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 August 30, 2013, the Court dismissed the Complaint with leave to file
a First Amended Complaint (“FAC”) by October 5, 2013. (Doc. No. 16.)
Plaintiff requested two extensions of time in which to do so. The Court
granted both requests, giving Plaintiff until December 27, 2013 to file
the FAC. (Doc. Nos. 18, 20.) As of the date of this Order, however,
Plaintiff has still not done so.
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.2d 1081,
1084 (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).
Plaintiff now has until February 21, 2014 to file the 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.

MINUTES FORM 90
CIVIL -- GEN

Initials of Deputy Clerk

CA

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
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 may be dismissed under Rule 41(b).
cc:
Lovell Brown
T-80518
Sierra Conservation Center
5150 O’Byrnes Ferry Rd.
Jamestown, CA 95327

S:\PJW\Cases-Civil Rights\BROWN 13-1236\MO_OSC failure FAC.wpd

MINUTES FORM 90
CIVIL -- GEN

Initials of Deputy Clerk

CA