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)

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

May 25, 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 December 23, 2016, Plaintiff Shane Matthew Mulvihill (“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. 5). On February 21, 2017, the Court screened and dismissed the
initial 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). 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 14).
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 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 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
February 21, 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.

CV 17-0079-MWF-AS

Date

Title

May 25, 2017

Shane Matthew Mulvihill v. Dean Borders

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
0
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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AF

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