Anthony Pierce Grigsby v. Hector D Ludi et al

Filing 7

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian. IT IS ORDERED that the plaintiff shall show cause in writing, on or before April 3, 2015, why this action should not be dismissed based upon the deficiencies identified in the February 19 Order and/or based upon plaintiff's failure to prosecute. If plaintiff no longer wishes to pursue this action, he may expedite matters by instead signing and returning the attached Notice of Dismissal by the foregoing deadline. See Order for details. (Attachments: # 1 Notice of Dismissal) (dml)

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

EDCV 14-2316 JAK(JC)

Title

Anthony Pierce Grigsby v. Hector D. Ludi, M.D., et al.

Present: The Honorable

Date

March 20, 2015

Jacqueline Chooljian, United States Magistrate Judge

Hana Rashad

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

none

none

Proceedings:

(IN CHAMBERS)
ORDER TO SHOW CAUSE RE DISMISSAL

On November 13, 2014, plaintiff, Anthony Pierce Grigsby (“plaintiff”), who is in custody at the
California Rehabilitation Center in Norco, CA (“CRC”) and has been granted leave to proceed in forma
pauperis, filed a pro se Civil Rights Complaint (“Complaint”) pursuant to 42 U.S.C. § 1983 (“Section
1983”) against two Riverside County Regional Medical Center (“RCRMC”) officials, namely (1) Dr.
Hector Daniel Ludi, Attending Staff Physician (“Ludi”); and (2) Dr. Arnold D. Tabuenca, Medical
Director (“Tabuenca”).1 (Complaint at 3). Plaintiff sues the defendants in their individual and official
capacities, and seeks monetary relief. (Complaint at 3, 6).
On February 19, 2015, this Court dismissed the Complaint with leave to amend and afforded
plaintiff an opportunity, if he wished to pursue this matter, to file a First Amended Complaint within
fourteen (14) days, i.e., by March 5, 2015. The Court expressly cautioned plaintiff that the failure timely
to file a First Amended Complaint may result in the dismissal of this action with or without prejudice on
the grounds set forth in the February 19 Order and/or for failure diligently to prosecute. To date,
although the foregoing deadline has expired, plaintiff has failed to file a First Amended Complaint or to
seek an extension of time to do so.
IT IS ORDERED that the plaintiff shall show cause in writing, on or before April 3, 2015, why
this action should not be dismissed based upon the deficiencies identified in the February 19 Order
and/or based upon plaintiff’s failure to prosecute. If plaintiff no longer wishes to pursue this action,
he may expedite matters by instead signing and returning the attached Notice of Dismissal by the
foregoing deadline.

1

The Court refers to the handwritten pages inserted between pages 5 and 6 of the Complaint as
pages “5a-5g.”
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

EDCV 14-2316 JAK(JC)

Date

Title

March 20, 2015

Anthony Pierce Grigsby v. Hector D. Ludi, M.D., et al.

Plaintiff is cautioned that the failure to comply with this order and/or to show good cause,
will result in the dismissal of this action based upon the deficiencies identified in the February 19
Order, plaintiff’s failure to prosecute this action and/or plaintiff’s failure to comply with the
Court’s order.
IT IS SO ORDERED.
Attachment

Initials of Deputy Clerk

CV-90 (06/04)

CIVIL MINUTES - GENERAL

hr

Page 2 of 2