Grant Gordon Otte v. W. Hawkings et al

Filing 13

ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION by Magistrate Judge Alka Sagar. Plaintiff is ORDERED TO SHOW CAUSE, in writing,no later than June 26, 2017, why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (Attachments: # 1 Notice of Dismissal (Blank), # 2 January 25, 2017 Order, # 3 February 27, 2017 Order) (afe)

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

CV 16-1832-DMG -AS

Title

Grant Gordon Otte v. W. Hawkings, et al.

Present: The Honorable
Alma Felix
Deputy Clerk

Date

May 24, 2017

Alka Sagar, United States Magistrate Judge
Not reported
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 August 25, 2016, Plaintiff Grant Gordon Otte (“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 his address of record. (Docket
Entry No. 3). On September 16, 2016, the Court screened and dismissed the initial Complaint,
with leave to amend. (Docket Entry No. 5). On December 19, 2016, Plaintiff filed a First
Amended Complaint, and on January 25, 2017, the Court dismissed the First Amended
Complaint with leave to amend. (Docket Entry Nos. 9-10).
On February 23, 2017, Plaintiff filed a request for additional time to file a Second
Amended Complaint (“SAC”). (Docket Entry No. 11). On February 27, 2017, the Court
granted the request, giving Plaintiff 30 additional days to file a SAC, which was due on March
27, 2017. (Docket Entry Nos. 12). In the Court’s January 25, 2017, Order, Plaintiff was
“explicitly cautioned that failure to timely file a Second Amended Complaint, or failure to
correct the deficiencies described . . . , may result in a recommendation that this action, or
portions thereof, be dismissed with prejudice for failure to prosecute and/or failure to comply
with court orders.” (Docket Entry No. 10 at 8).
To date, Plaintiff has failed to file a Second Amended Complaint or request a further
extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in
writing, no later than June 26, 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

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CIVIL MINUTES - GENERAL

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

CV 16-1832-DMG -AS

Date

Title

May 24, 2017

Grant Gordon Otte v. W. Hawkings, et al.

under penalty of perjury stating why Plaintiff is unable to file a Second Amended Complaint. A
copy of the Court’s Orders dated January 25, 2017 and February 27, 2017 are attached for
Plaintiff’s convenience.
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: Dolly M. Gee
United States District Judge
0
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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AF

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