David Johnson v. Gutierrez et al

Filing 12

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian. Giving plaintiff the benefit of the doubt, the Court, on May 20, 2015, ordered the First OSC discharged, ordered the Clerk to re-serve plaintiff with the April Order and atta chments, and extended plaintiff's deadline to file a First Amended Complaint to June 2, 2015 ("May Order"). To date, although the foregoing deadline has expired, plaintiff has again failed to file a First Amended Complaint or to see k an extension of time to do so. IT IS THEREFORE ORDERED that plaintiff shall show cause in writing, on or before June 30, 2015, why this action should not be dismissed based upon the deficiencies identified in the April Order and/or based upon pl aintiff'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 further details. (Attachments: # 1 Dismissal Form) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

David Johnson,

EDCV 15-71 DMG(JC)
Plaintiff(s),

v.
Mr. Gutierrez, Warden, et al.,
Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)