Opinion
EDCV 21-5746 CAS (RAO)
06-07-2022
David Fink v. Sarkis Ohannessian, et al.
Present: The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (In Chambers) ORDER TO SHOW CAUSE
On July 9, 2021, Plaintiff David Fink filed a civil rights complaint (“Complaint”) pursuant to 42 U.S.C. § 1983 and other federal and state statutes. Dkt. No. 1. On April 1, 2022, the Court issued an Order to Show Cause as to why Plaintiff's § 1983 claims should not be dismissed pursuant to Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d. 383 (1994). Dkt. No. 12. A response was due by May 2, 2022. Id. To date, no response has been filed.
Plaintiff is ordered to show cause, in writing, no later than July 7, 2022, why this action should not be dismissed without prejudice for failure to prosecute. Alternatively, Plaintiff may discharge this Order by filing a response to the April 1, 2022 Order to Show Cause regarding the applicability of Heck. Plaintiff is expressly advised that failure to timely file a response to this Order will result in a recommendation that this action be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
The Clerk is directed to provide Plaintiff with a copy of the April 1, 2022 order, located at ECF No. 12.
IT IS SO ORDERED.