Opinion
2:23-cv-06453-SPG (MAA)
05-30-2024
Merritt Lee Austin v. United States of America et al.
The Honorable MARIA A. AUDERO, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings (In Chambers): Order to Show Cause Why This Court Should Not Recommend Dismissal
On April 15, 2024, the Court issued an Order Regarding Second Amended Complaint (“Order”). (Order, ECF No. 34.) The Court ordered Plaintiff Merritt Lee Austin (“Plaintiff”) to, no later than May 15, 2024, either: (1) file a Third Amended Complaint (“TAC”); (2) proceed with- and request that the Court reinstate-the Second Amended Complaint (“SAC”); or (3) voluntarily dismiss the action. (Id. at 4-5.) The Court cautioned Plaintiff that “failure to respond to th[e] Order may result in a recommendation that the lawsuit be dismissed without prejudice for failure to prosecute and/or failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). See C.D. Cal. L.R. 41-1.” (Id. at 5-6.)
To date, Plaintiff has not responded to the Order. Plaintiff is ORDERED TO SHOW CAUSE by July 1, 2024 why the Court should not recommend that the case be dismissed for want of prosecution. See Fed.R.Civ.P. 41(b); C.D. Cal. L.R. 41-1. If Plaintiff files a TAC, notice that he wishes to proceed with the SAC, or a Notice of Dismissal (form attached to this order) on or before that date, this Order to Show Cause will be discharged, and no additional action need be taken.
Plaintiff is advised that failure to comply with this order may result in a recommendation that the lawsuit be dismissed for failure to prosecute and/or comply with court orders. See Fed. R. Civ. P. 41(b); C.D. Cal. L.R. 41-1.
It is so ordered.
Attachment: Notice of Dismissal