Shane Matthew Mulvihill v. Dean Borders

Filing 9

SECOND ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Magistrate Judge Alka Sagar. To date, 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 10, 2017 - to file a First Amended Complaint or a declaration stating why he is unable to do so. (See Minute Order for complete details) (Attachments: # 1 Order Dismissing Complaint with Leave to Amend (Docket Entry No. 7), # 2 Order to Show Cause re: Lack of Prosecution (Docket Entry No. 8), # 3 Civil Rights Complaint (Blank), # 4 Notice of Dismissal (Blank)) (afe)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL No. CV 17-0079-MWF-AS Title Shane Matthew Mulvihill v. Dean Borders Present: The Honorable Alma Felix Deputy Clerk Date September 8, 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): SECOND ORDER TO SHOW CAUSE RE LACK OF PROSECUTION On May 25, 2017, this Court issued an Order to Show Cause re Lack of Prosecution directing Plaintiff to show cause, “in writing, no later than June 26, 2017, why this action should not be dismissed with prejudice for failure to prosecute” (Docket Entry No. 8). Plaintiff was ordered to file a First Amended Complaint or “a declaration under penalty of perjury stating why Plaintiff is unable to File a First Amended Complaint.” Id. To date, 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 10, 2017 - to file a First Amended Complaint or a declaration stating why he is unable to do so. The Clerk is directed to attach a copy of the Court’s Order dismissing the complaint with leave to amend (Docket Entry No. 7), and the Court’s May 25, 2017 Order To Show Cause to this Order. 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: Michael W. Fitzgerald United States District Judge CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL No. CV 17-0079-MWF-AS Date Title September 8, 2017 Shane Matthew Mulvihill v. Dean Borders 0 Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL : 00 AF Page 2 of 2

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