Hector A Gutierrez et al v. The County of Orange et al

Filing 13

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION by Magistrate Judge Alka Sagar. Accordingly, Plaintiff is once again ORDERED TO SHOW CAUSE, in writing, no later than Monday, April 20, 2015, why this action should not be dismiss ed with prejudice for failure to prosecute. This Order will be discharged upon the filing of the SAC that cures the deficiencies in the last pleading, or by filing a declaration under penalty of perjury stating why Plaintiff is unable to do so. *See Order for complete details.) (es)

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

SACV 14-01599-AG (AS)

Title

Gutierrez v. County of Orange, et. al.

Present: The Honorable

Date

April 8, 2015

Alka Sagar, United States Magistrate Judge

Alma Felix

Not reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

Order to Show Cause Re. Lack of Prosecution

On January 16, 2015, this Court dismissed Plaintiff Hector Gutierrez’s First Amended
Complaint with leave to amend. (Docket Entry No. 9.) Plaintiff’s Second Amended Complaint
(“SAC”) was due no later than February 16, 2015. An SAC was not filed and the Court ordered
Plaintiff to show cause why this action should not be dismissed for lack of prosecution.
(Docket Entry No. 10.) Plaintiff, a pro se litigant, responded to the Order to Show Cause on
March 5, 2015, indicating that he did not receive the January 16, 2015 dismissal order. (Docket
Entry No. 11.) The Court extended the deadline to file a SAC to April 3, 2015, and sent
Plaintiff an additional copy of the dismissal order. (Docket Entry No. 12.) However, to date, a
SAC has not been filed.
Accordingly, Plaintiff is once again ORDERED TO SHOW CAUSE, in writing, no later
than Monday, April 20, 2015, why this action should not be dismissed with prejudice for
failure to prosecute. This Order will be discharged upon the filing of the SAC that cures the
deficiencies in the last pleading, or by filing a declaration under penalty of perjury stating why
Plaintiff is unable to do so.
If Plaintiff no longer wishes to pursue this action, he may request a voluntary
dismissal pursuant to Federal Rule of Civil Procedure 41(a). A notice of dismissal form is
attached for Plaintiff’s convenience. Plaintiff is warned that a failure to timely respond to
this Order will result in a recommendation that this action be dismissed with prejudice

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

SACV 14-01599-AG (AS)

Date

Title

April 8, 2015

Gutierrez v. County of Orange, et. al.

under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court
orders.
0
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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AF

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