Easter v. Sprague

Full title: Charles Easter v. L. Sprague, D. Ralston, et al

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jul 31, 2015

CV 15-3141-JVS (AS) (C.D. Cal. Jul. 31, 2015)

Opinion

Charles Easter v. L. Sprague, D. Ralston, et al No. CV 15-3141-JVS (AS) United States District Court, C.D. California July 31, 2015

          Present: The Honorable Alka Sagar, United States Magistrate Judge.

          PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE RE. LACK OF PROSECUTION

          Honorable Alka Sagar, United States Magistrate Judge.

         On May 15, 2015, this Court dismissed Plaintiff's Complaint with leave to amend. (Docket Entry No. 5.) Plaintiff's First Amended Complaint (" FAC") was due no later than June 15, 2015. As of the date of this order, no FAC has been filed.

         Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than Monday, August 31, 2015, why this action should not be dismissed with prejudice for failure to prosecute. This Order will be discharged upon the filing of a FAC 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 under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court orders.