Aleshia Bertha Rivera v. Officers at West Valley Detention Center

Filing 6

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 March 23, 2016, why this action should not be dismissed based upon the deficiencies identified in t he February Order and/or based upon plaintiff's failure to prosecute. If plaintiff no longer wishes to pursue this action, she may expedite matters by instead signing and returning the attached Notice of Dismissal by the foregoing deadline. (Attachments: # 1 Dismissal Form) (dml)

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

EDCV 16-151 ODW(JC)

Title

Aleshia Bertha Rivera v. Officers at West Valley Detention Center

Present: The Honorable

Date

March 9, 2016

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 January 26, 2016, Aleshia Bertha Rivera (“plaintiff”), who is a prisoner at the West Valley
Detention Center in San Bernardino County, is proceeding pro se, and has been granted leave to proceed
in forma pauperis, filed a Civil Rights Complaint (“Complaint”) which appears to be brought pursuant
to 42 U.S.C. § 1983 (“Section 1983”) and names as defendants only “Officers at West Valley Detention
Center.” Plaintiff sues all defendants in their official capacities only, and seeks only monetary relief.
(Complaint at 3, 6).
On February 4, 2016, this Court dismissed the Complaint with leave to amend and afforded
plaintiff an opportunity, if she wished to pursue this matter, to file a First Amended Complaint within
twenty (20) days, i.e., by February 24, 2016 (“February Order”). 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 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 March 23, 2016,
why this action should not be dismissed based upon the deficiencies identified in the February Order
and/or based upon plaintiff’s failure to prosecute. If plaintiff no longer wishes to pursue this action,
she may expedite matters by instead signing and returning the attached Notice of Dismissal by the
foregoing deadline.
Plaintiff is cautioned that the failure to comply with this order and/or to show good cause,
may result in the dismissal of this action based upon the deficiencies identified in the February
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
CV-90 (06/04)

Initials of Deputy Clerk: hr
CIVIL MINUTES - GENERAL

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