Michaell Joseph Hullings v. Chad Johnson et al

Filing 12

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE by Magistrate Judge John E. McDermott. Response to Order to Show Cause due by 9/1/2014. [See Order for details.] (san)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title EDCV 13-2320-R (JEM) Date August 11, 2014 Michael Joseph Hullings v. Deputy Chad Johnson, 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 On January 9, 2014, Michael Joseph Hulling (“Plaintiff”), proceeding pro se and in forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (“Complaint”).1 On June 30, 2014, the Court issued a Memorandum and Order Dismissing Complaint with Leave to Amend within thirty days. Plaintiff was explicitly cautioned that failure to file a First Amended Complaint (“FAC”) by the deadline set forth in the Court’s Order of June 30, 2014, could result in a recommendation that this action be dismissed for failure to prosecute and failure to comply with a court order. The July 30, 2014, deadline to file the FAC has passed, and no FAC has been filed. 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 September 1, 2014.2 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 1 Plaintiff initially filed his Complaint in the United States District Court for the Southern District of California, which transferred the action to this judicial district. 2 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 Page 1 of 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL failure to prosecute and/or failure to comply with a court order. Filing of a First Amended Complaint consistent with the Court’s Order of June 30, 2014, shall be a satisfactory response to the Order to Show Cause. No extensions of this deadline will be granted absent extraordinary circumstances. IT IS SO ORDERED. cc: Parties cc: Parties : Initials of Deputy Clerk CV-90 (12/02) CIVIL MINUTES - GENERAL sa Page 2 of 2

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