Byron Martin v. Garden Grove Police Dept of Orange County of California

Filing 9

ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION by Magistrate Judge Alka Sagar.Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than January 27, 2017, why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (Attachments: # 1 Courts September 29, 2016 Order, # 2 Civil Rights Complaint (Blank), # 3 Notice of Dismissal (Blank)) (afe)

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

CV 16-1219-JFW (AS)

Title

Byron Martin v. Garden Grove Police Department of Orange County of
California.

Present: The Honorable

Date

December 27, 2016

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 July 1, 2016, Plaintiff Byron Martin (“Plaintiff”) filed a pro se civil rights
Complaint, pursuant to 42 U.S.C. § 1983. (Docket Entry No. 1). The case was assigned to this
Court, and a Notice of Assignment was mailed to Plaintiff at the address listed on the
Complaint. (Docket Entry No. 3). On September 29, 2016, the Court dismissed Plaintiff’s
Complaint with leave to amend, directing Plaintiff to “file a First Amended Complaint no later
than 30 days from the date of this Order.” (Docket Entry No. 7). Accordingly, Plaintiff’s First
Amended Complaint was due on October 31, 2016.
To date, Plaintiff has failed to file a First Amended Complaint or request an extension of
time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later
than January 27, 2017, why this action should not be dismissed with prejudice for failure to
prosecute. This Order will be discharged upon the filing of a First Amended Complaint that
cures the deficiencies in the last pleading or upon the filing of a declaration under penalty of
perjury stating why he is unable to file a First Amended Complaint. A copy of the Court’s
September 29, 2016 Order is attached for Plaintiff’s convenience.

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

CV 16-1219-JFW (AS)

Date

December 27, 2016

Title

Byron Martin v. Garden Grove Police Department of Orange County of
California.

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
under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court
orders.
cc: John F. Walter
United States District Judge
0
Initials of Preparer

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CIVIL MINUTES - GENERAL

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AF

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