Travis Ryan Klutts v. Federal Bureau of Prisons et al

Filing 15

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym. ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Accordingly, within twenty-one (21) days of the date of this Order, that is, by November 20, 2017, plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action should not be dismissed for failure to prosecute and/or comply with a court order (SEE ORDER FOR DETAILS). (kca)

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

ED CV 17-220-DOC (SP)

Title

TRAVIS RYAN KLUTTS v. FEDERAL BUREAU OF PRISONS, et al.

Present: The Honorable

Date

October 30, 2017

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY COMPLAINT
SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

On February 6, 2017, plaintiff Travis Ryan Klutts, a federal prisoner proceeding
pro se, filed a civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of
Fed. Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971). His
complaint alleges that employees of the Federal Bureau of Prisons and the United States
Penitentiary at Victorville, California held plaintiff in segregated housing since
November 2013 without a disciplinary hearing in violation of his due process right and
his Eighth Amendment right to be free of cruel and unusual punishment. On September
6, 2017, this court, having completed screening of the complaint, dismissed it with leave
to file a First Amended Complaint by October 6, 2017. Over three weeks having passed
beyond this deadline, the court has not received a First Amended Complaint or any other
communication from plaintiff.
Accordingly, within twenty-one (21) days of the date of this Order, that is, by
November 20, 2017, plaintiff is ORDERED TO SHOW CAUSE, in writing, why this
action should not be dismissed for failure to prosecute and/or comply with a court order.
Plaintiff is cautioned that his failure to timely file a response to this Order to Show Cause
will be deemed by the court as consent to the dismissal of this action without prejudice.
In the event plaintiff wishes to voluntarily dismiss this action, plaintiff may complete and
return the enclosed Notice of Dismissal form by November 20, 2017.
If plaintiff files a First Amended Complaint by November 20, 2017, this Order to
Show Cause will be automatically discharged, and plaintiff need not respond to it
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

ED CV 17-220-DOC (SP)

Date

October 30, 2017

Title

TRAVIS RYAN KLUTTS v. FEDERAL BUREAU OF PRISONS, et al.

separately.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2