Daniel R. Ramirez v. Patrick F. Grabowski et al

Filing 9

SECOND ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Magistrate Judge Alka Sagar. Plaintiff has failed to file a First Amended Complaint, or respond to the Court's Order to Show Cause. The Court will provide Plaintiff additional time - to October 16, 2017 - to file a First Amended Complaint or a declaration stating why he is unable to do so. (See Order for complete details) (Attachments: # 1 Courts Order Dismissing the Complaint with Leave to Amend (Docket Entry No. 6 ), # 2 Courts June 27, 2017 Order To Show Cause, # 3 Notice of Dismissal (Blank), # 4 Civil Rights Complaint (Blank)) (afe)

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

EDCV 17-0023-ODW-AS

Title.

Date

June 27, 2017

Daniel R. Ramirez v. Patrick F. Grabowksi, et. al.,

Present: The Honorable Alka Sagar, United States Magistrate Judge
Alma Felix
Not reported
Deputy Clerk
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 January 6, 2017, Plaintiff Daniel R. Ramirez (“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. 4). On March 23, 2017, the Court screened and dismissed the initial Complaint with
leave to amend. (Docket Entry No. 6). The Court directed Plaintiff - if he still wished to pursue
this action - to “file a First Amended Complaint no later than 30 days from the date of this
Order.” (Docket Entry No. 6 at 9). Plaintiff was “explicitly cautioned that failure to timely file
a First 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.” (Id. at 10).
To date, Plaintiff has failed to file a First Amended Complaint or request a further
extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing,
no later than July 27, 2017, why this action should not be dismissed with prejudice for failure to
prosecute. This Order will be discharged upon the filing of a First Amended Complaint that
cures the deficiencies in the last pleading or upon the filing of a declaration under penalty of
perjury stating why Plaintiff is unable to file a First Amended Complaint. A copy of the Court’s
March 17, 2017, Order is 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

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

EDCV 17-0023-ODW-AS

Date

June 27, 2017

Daniel R. Ramirez v. Patrick F. Grabowksi, et. al.,

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: Otis D. Wright
United States District Judge
0
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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AF

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