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Guzman v. United States

United States District Court, Ninth Circuit, California, C.D. California
Apr 17, 2015
CV 14-05596 BRO (RZx) (C.D. Cal. Apr. 17, 2015)

Opinion


JORGE GUZMAN v. UNITED STATES OF AMERICA No. CV 14-05596 BRO (RZx) United States District Court, C.D. California April 17, 2015

          Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: FAILURE TO FILE AMENDED COMPLAINT

          Honorable BEVERLY REID O'CONNELL, United States District Judge.

         On March 18, 2015, the Court granted Defendant's motion to dismiss Plaintiff's First Amended Complaint with leave to amend. (Dkt. No. 34.) In doing so, the Court granted Plaintiff leave to file an amended complaint by no later than April 10, 2015, at 5 p.m. (Dkt. No. 34 at 10.) Yet as of today, Plaintiff has not filed any amended complaint. A district court may dismiss an action with prejudice when a plaintiff fails to file an amended complaint within the allotted time period. See Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir. 1999) (" [T]he district court did not abuse its discretion in dismissing Plaintiffs' case for failing to amend in a timely fashion."); Tok Cha Kim v. CB Richard Ellis Haw., Inc., No. CIV 06-00099 HG-BMK, 2006 WL 3359222, at *4 (D. Haw. Nov. 16, 2006) (" [T]he district court has discretion to dismiss a complaint with prejudice as a sanction for the plaintiff's failure to amend within the time established by the court's order.").

         Accordingly, Plaintiff is ORDERED TO SHOW CAUSE as to why this action should not be dismissed with prejudice for failure to amend in the time allotted by the Court. An appropriate response to this order will include reasons demonstrating good cause for Plaintiff's failure to file an amended complaint by April 10, 2015. Plaintiff must file a response to this order as well as an amended complaint by no later than Friday, April 24, at 4:00 p.m.

         IT IS SO ORDERED.


Summaries of

Guzman v. United States

United States District Court, Ninth Circuit, California, C.D. California
Apr 17, 2015
CV 14-05596 BRO (RZx) (C.D. Cal. Apr. 17, 2015)
Case details for

Guzman v. United States

Case Details

Full title:JORGE GUZMAN v. UNITED STATES OF AMERICA

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

Date published: Apr 17, 2015

Citations

CV 14-05596 BRO (RZx) (C.D. Cal. Apr. 17, 2015)