Phillip Figures v. Victorville USP Prison et al

Filing 22

ORDER TO SHOW CAUSE by Magistrate Judge Shashi H. Kewalramani. Response to Order to Show Cause due by 2/16/2018. (dc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. EDCV 17-00501-JVS (SHK)

PHILLIP FIGURES,
Plaintiff,
v.

ORDER TO SHOW CAUSE

ACTING CAPTAIN COX, et al.,

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Defendants.

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On September 8, 2017, the Court dismissed plaintiff’s First Amended

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Complaint with leave to amend. On October 11, 2018, Plaintiff filed a Request for

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Order for Continuance. Electronic Case Filing (“ECF No.”) 20. On October 23,

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2017, the Court granted Plaintiff’s request for continuance. ECF No. 21. Also,

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the Court provided Plaintiff with a blank civil subpoena (AO 88B) form to conduct

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discovery as to the names of the “Calculated Use of Force Team,” and also

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granted Plaintiff additional time to file his Second Amended Complaint (“SAC”).

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ECF No. 21. Plaintiff’s SAC was due on or before December 15, 2017. Plaintiff has

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failed to file a SAC within the allotted time nor has he requested an extension of

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time within which to do so.

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Accordingly, on or before February 16, 2018, Plaintiff is ORDERED to either

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(a) advise the Court that he does not desire to pursue this action; (b) if plaintiff

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does desire to pursue this action, show good cause in writing, if any exists, why

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plaintiff has not timely filed with the Court his SAC, and why the Court should not

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recommend that this action be dismissed for failure to prosecute and failure to

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comply with the Court’s prior Order; or (c) file a SAC. Plaintiff is forewarned that,

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if he fails to do either of the provided options, the Court may deem such failure a

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further violation of a Court order justifying dismissal, and also deem such failure as

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further evidence of a lack of prosecution on Plaintiff’s part.

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Dated: 1/16/2018
HON. SHASHI H. KEWALRAMANI
United States Magistrate Judge

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