Junior Tejeda v. John McMahon et al

Filing 14

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: ORDER TO SHOW CAUSE WHY FIRST AMENDED COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (SEE ORDER FOR DETAILS). (kca)

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

ED CV 18-73-SJO (SP)

Title

JUNIOR TEJEDA v. JOHN McMAHON, et al.

Present: The Honorable

Date

August 20, 2018

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 FIRST
AMENDED COMPLAINT SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

On January 11, 2018, pro se plaintiff Junior Tejeda, a state prisoner proceeding in
forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. The court
found the Complaint subject to dismissal but granted plaintiff leave to amend. Plaintiff
filed a First Amended Complaint (“FAC”) on March 9, 2018. In both the Complaint and
FAC, plaintiff alleged defendants’ negligence allowed another inmate to attack him while
he was confined to a San Bernardino County jail. The court dismissed the FAC with
leave to file a Second Amended Complaint by August 1, 2018. Nearly three weeks
having passed beyond this deadline, the court has not received a Second Amended
Complaint or any other communication from plaintiff.
Accordingly, within twenty-one (21) days of the date of this Order, that is, by
September 10, 2018, 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 September 10, 2018.
If plaintiff files a Second Amended Complaint by September 10, 2018, this Order
to Show Cause will be automatically discharged, and plaintiff need not respond to it
separately.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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