Opinion
CV 24-00040-SSS (AS)
04-17-2024
Sultana Ilena Vargas Bey v. San Bernadino County, et. al..
Present: The Honorable Alka Sagar, United States Magistrate Judge
CIVIL MINUTES - GENERAL
SUNSHINE SUZANNE SYKES UNITED STATES DISTRICT JUDGE
Proceedings (In Chambers): ORDER TO SHOW CAUSE RE LACK OF PROSECUTION
On March 6, 2024, the Court issued an Order dismissing Plaintiff's Complaint with leave to amend. (Dkt. No. 7). Plaintiff was directed to file a First Amended Complaint within thirty days of the Court's Order.. Id. at 65. Plaintiff was “explicitly cautioned that failure to timely file a First Amended Complaint . . . may result in a recommendation that this action, or portions thereof, be dismissed with prejudice for failure to prosecute and/or failure to comply with court orders.” Id. at 66.
Since April 6, 2024 is a Saturday, Plaintiff was required to file a First Amended Complaint no later than the next court day, April 8, 2024.
To date, Plaintiff has failed to file a First Amended Complaint or seek an extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than May 8, 2024, 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 complies with the Court's March 6, 2024 Order or upon the filing of a declaration under penalty of perjury stating why Plaintiff is unable to file a First Amended Complaint.
If Plaintiff no longer wishes to pursue this action, she may request a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). 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.
IT IS SO ORDERED.