Julie Daugherty v. Scott Lee

Filing 21

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian. IT IS ORDERED that the plaintiff shall show cause in writing, on or before September 8, 2017, why plaintiff's failure to file a First Amended Complaint or a Notice of Dis missal should not be deemed plaintiff's admission that amendment is futile and why this action should not be dismissed on the grounds set forth in the July 31, 2017 Order, on the ground that amendment is futile, based upon plaintiff's failu re to prosecute, and/or based upon plaintiff's failure to comply with the July 31, 2017 Order. If plaintiff no longer wishes to pursue this action, she may expedite matters by instead signing and returning the attached Notice of Dismissal by the foregoing deadline. (Attachments: # 1 Dismissal Form) (dml)

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

EDCV 17-972 JVS(JC)

Title

Julie Daugherty v. Scott Lee

Present: The Honorable

Date

August 29, 2017

Jacqueline Chooljian, United States Magistrate Judge

Donnamarie Luengo, Relief

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

none

none

Proceedings:

(IN CHAMBERS)
ORDER TO SHOW CAUSE RE DISMISSAL

On April 24, 2017, in the United States District Court for the Northern District of California,
Julie Daugherty (“plaintiff”), who was then in custody at the California Institution for Women in
Corona, California (“CIW”), is proceeding without a lawyer (i.e., “pro se”), and has been granted leave
to proceed in forma pauperis, filed a Civil Rights Complaint (“Complaint”) pursuant to
42 U.S.C. § 1983 (“Section 1983”) with attached exhibits naming as the sole defendant Dr. Scott Lee
(“Lee”), an “OBGYN” at the CIW. (Complaint at 1-2). The case was subsequently transferred to the
Central District of California and assigned to this Court for adjudication.
On July 31, 2017, the Court dismissed the Complaint with leave to amend and directed plaintiff,
within fourteen (14) days, to file a First Amended Complaint or a signed Notice of Dismissal. The Court
further expressly cautioned plaintiff in bold-faced print that the failure timely to file a First Amended
Complaint or a Notice of Dismissal may be deemed plaintiff’s admission that amendment is futile and
may result in the dismissal of this action, with or without prejudice, on the grounds set forth in such
Order, on the ground that amendment is futile, for failure diligently to prosecute, and/or for failure to
comply with such Order.
To date, although the foregoing deadline has expired, plaintiff has failed to file a First Amended
Complaint or a Notice of Dismissal, or to seek an extension of time to do so.
IT IS ORDERED that the plaintiff shall show cause in writing, on or before September 8, 2017,
why plaintiff’s failure to file a First Amended Complaint or a Notice of Dismissal should not be deemed
plaintiff’s admission that amendment is futile and why this action should not be dismissed on the
grounds set forth in the July 31, 2017 Order, on the ground that amendment is futile, based upon
plaintiff’s failure to prosecute, and/or based upon plaintiff’s failure to comply with the July 31, 2017
Order. If plaintiff no longer wishes to pursue this action, she may expedite matters by instead
signing and returning the attached Notice of Dismissal by the foregoing deadline.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

EDCV 17-972 JVS(JC)

Date

Title

August 29, 2017

Julie Daugherty v. Scott Lee

Plaintiff is cautioned that the failure to comply with this order and/or to show good cause,
may be deemed plaintiff’s admission that amendment is futile and may result in the dismissal of
this action on the ground that amendment is futile, on the grounds set forth in the July 31, 2017
Order, based upon plaintiff’s failure to prosecute this action and/or based upon plaintiff’s failure
to comply with the Court’s Orders.
IT IS SO ORDERED.
Attachment

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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