Aron Miron v. J. Beard et al

Filing 15

ORDER TO SHOW CAUSE Re: Lack of Prosecution by Magistrate Judge Alka Sagar.Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than February 21, 2017, why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (Attachments: # 1 Court's September 29, 2016 Order, # 2 Notice of Dismissal (Blank)) (afe)

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

ED CV 16-00463-JVS (AS)

Title

Aron Miron v. J. Beard, et. al.,

Present: The Honorable
Alma Felix
Deputy Clerk

Date

January 31, 2017

Alka Sagar, United States Magistrate Judge
N/A
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

Order to Show Cause Re: Lack of Prosecution

On March 15, 2016, Plaintiff Aron Miron (“Plaintiff”) filed a pro se civil rights
Complaint, pursuant to 42 U.S.C. § 1983. (Docket Entry No. 1). The case was assigned to this
Court, and a Notice of Assignment was mailed to Plaintiff at the address listed on the
Complaint. (Docket Entry No. 3). On July 26, 2016, the Court dismissed Plaintiff’s Complaint
with leave to amend, directing Plaintiff to “file a First Amended Complaint no later than 30
days from the date of this Order.” (Docket Entry No. 7). On September 12, 2016, Plaintiff filed
a First Amended Complaint (Docket Entry No. 10). On September 29, 2016, the Court
dismissed Plaintiff’s First Amended Complaint with leave to amend. Plaintiff was ordered to
file a Second Amended Complaint no later than October 31, 2016 if he still wished to pursue his
complaint. Id. at 6-7. On October 14, 2016, the Court granted Plaintiff’s request for an
extension of time to file a Second Amended Complaint to December 30, 2016. (Docket Entry
No. 13).
To date, Plaintiff has failed to file a Second Amended Complaint, or request an extension
of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later
than February 21, 2017, why this action should not be dismissed with prejudice for failure to
prosecute. This Order will be discharged upon the filing of a Second Amended Complaint that
cures the deficiencies in the last pleading or upon the filing of a declaration under penalty of
perjury stating why he is unable to file a First Amended Complaint. A copy of the Court’s
September 29, 2016 Order is attached for Plaintiff’s convenience.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

ED CV 16-00463-JVS (AS)

Title

Date

January 31, 2017

Aron Miron v. J. Beard, et. al.,

If Plaintiff no longer wishes to pursue this action, he may request a voluntary
dismissal pursuant to Federal Rule of Civil Procedure 41(a). A notice of dismissal form is
attached for Plaintiff’s convenience. Plaintiff is warned that a failure to timely respond to
this Order will result in a recommendation that this action be dismissed with prejudice
under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court
orders.
cc: James V. Selna
United States District Judge
0
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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AF

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