Opinion
2:20-cv-04013-SB (MAR)
07-13-2022
Gerard F. Cellette v. Dale Pomerantz et al
PRESENT: THE HONORABLE: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (In Chambers) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION
On March 15, 2022, following the conclusion of Plaintiff's appeal of the Court's previous orders the Court ordered Plaintiff to file a First Amended Complaint. Dkt. 57. Instead, Plaintiff filed a Notice of Election to Stand on the Complaint with Amendments Under Fed.R.Civ.P. 15(d), explaining that he intends to stand on his Complaint “as amended,” so that he may preserve his claims on appeal. Dkt. 59 at 1-2. On May 20, 2022, the Court clarified that it had already denied his previous requests to amend and ordered Plaintiff to either file his First Amended Complaint or confirm that he wishes to stand on the allegations in his original Complaint by June 20, 2022. To date, Plaintiff has failed to respond or otherwise correspond with the Court.
Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by August 3, 2022, why this action should not be dismissed for failure to state a claim and for failure to prosecute under Rule 41(b). See Fed.R.Civ.P. 41(b).
The Court will consider any of the following four (4) options to be an appropriate response to this OSC:
1. Plaintiff shall file a First Amended Complaint;
2. Plaintiff shall confirm he intends to stand on the allegations in his original Complaint;
3. Plaintiff shall provide the Court with an explanation as to why he has failed to respond to the Court's May 20, 2022 Order; or
4. Plaintiff may voluntarily dismiss the action pursuant to Federal Rule of Civil Procedure 41(a). The Clerk is directed to attach a Notice of Dismissal form for Plaintiff's convenience.
Failure to respond to the Court's Order may result in the dismissal of the action.
IT IS SO ORDERED.