Opinion
CV 21-05387-CJC (GJSx)
12-22-2022
GUSTAVO FLORES v. CITY OF LOS ANGELES, et al.
CIVIL MINUTES-GENERAL
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
PROCEEDINGS: (IN CHAMBERS) ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
In this case, Plaintiff Gustavo Flores brings claims under 42 U.S.C. § 1983 and related state law claims against Defendants City of Los Angeles and Los Angeles Police Chief Michel Moore “in connection with officers' unjustified assault and use of force” against Plaintiff by Doe officers of the Los Angeles Police Department. (Dkt. 1 [Complaint] ¶ 1.) Specifically, on May 31, 2020, Plaintiff's “foot was run over by an LAPD patrol cruiser during peaceful protests in downtown Los Angeles following the deadly arrest of George Floyd in Minneapolis.” (Id. ¶ 27.)
However, Plaintiff's counsel withdrew from representing him after it, not for the first time, could not contact him for months. (See Dkt. 58 [Order Granting Motion to Withdraw as Plaintiff's Counsel].) In granting counsel's motion to withdraw, the Court ordered counsel to serve on Plaintiff an order that Plaintiff “file a statement by December 16, 2022 confirming to the Court that he wishes to continue this case.” (Id. at 5.) The Court stated that Plaintiff's failure to timely file such a statement would “result in dismissal of this case for failure to prosecute.” (Id.)
Counsel filed a proof of service showing that Plaintiff was personally served with the Court's order. Nevertheless, six days after the deadline, Plaintiff has not filed a statement confirming that he wishes to continue prosecuting this case. Accordingly, the case is DISMISSED for failure to prosecute.