Michael Galloway v. Bureau of Prisons et al

Filing 23

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND OBEY COURT ORDERS by Magistrate Judge Autumn D. Spaeth: Plaintiff is hereby ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to prosecute and obey court orders. Plaintiff must file a written response by no later than October 25, 2019. (kh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 5:18-00638 AG (ADS)

Date: October 4, 2019

Title: Michael Galloway v. Bureau of Prisons, et al.

Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
Kristee Hopkins
Deputy Clerk

None Reported
Court Reporter / Recorder

Attorney(s) Present for Plaintiff(s):
None Present

Attorney(s) Present for Defendant(s):
None Present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR FAILURE TO
PROSECUTE AND OBEY COURT ORDERS

On June 21, 2018, Plaintiff Michael Galloway, a federal prisoner at the United
States Penitentiary, Victorville, California, filed a First Amended Complaint under
Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). [Dkt. No. 19]. On July 12, 2019,
the Court dismissed the First Amended Complaint with leave to amend and ordered
Plaintiff to file a Second Amended Complaint by no later than August 2, 2019. [Dkt.
No. 22]. As of the date of this order, the Court has not received a Second Amended
Complaint or any response to the Order Dismissing with Leave to Amend from Plaintiff.
Plaintiff is hereby ORDERED TO SHOW CAUSE why this case should not
be dismissed for failure to prosecute and obey court orders. Plaintiff must file
a written response by no later than October 25, 2019. Plaintiff may respond to this
Order to Show Cause by (a) filing a Second Amended Complaint; or (b) filing a
statement with the Court indicating the desire to continue to move forward with the
First Amended Complaint despite the weaknesses noted by the Court in the Order
Dismissing with Leave to Amend.
Plaintiff is expressly warned that failure to timely file a response to this Order to
Show Cause may result in a recommendation to the District Judge that this action be

CV-90 (03/15) – YWD

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 5:18-00638 AG (ADS)

Date: October 4, 2019

Title: Michael Galloway v. Bureau of Prisons, et al.
dismissed without prejudice for failure to prosecute and obey Court orders pursuant to
Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.

Initials of Clerk kh

CV-90 (03/15) – YWD

Civil Minutes – General

Page 2 of 2