Opinion
CV 23-10917-JWH (AS)
06-03-2024
Darren Harris v. Gavin Newsom, et. al..
Present: The Honorable Alka Sagar, United States Magistrate Judge
CIVIL MINUTES - GENERAL
John W. Holcomb United States District Judge
Proceedings (In Chambers): ORDER TO SHOW CAUSE RE LACK OF PROSECUTION
On April 17, 2024, the Court issued an Order dismissing Plaintiff's First Amended Complaint with leave to amend. (Dkt. No. 14). Plaintiff was directed to file a Second Amended Complaint within thirty days of the Court's Order or no later than May 17, 2024. Id. at 16. Plaintiff was “explicitly cautioned that failure to timely file a Second Amended Complaint . . . may result in a recommendation that this action, or portions thereof, be dismissed with prejudice for failure to prosecute and/or failure to comply with court orders.” Id. at 17.
To date, Plaintiff has failed to file a Second Amended Complaint or seek an extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than June 28, 2024, why this action should not be dismissed with prejudice for failure to prosecute. This Order will be discharged upon the filing of a Second Amended Complaint that complies with the Court's April 17, 2024 Order or upon the filing of a declaration under penalty of perjury stating why Plaintiff is unable to file a Second Amended Complaint.
If Plaintiff no longer wishes to pursue this action, he may request a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). 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.
IT IS SO ORDERED.