Opinion
2:21-cv-05806-JLS(MAR)
06-09-2022
Hellasandros v. County of Santa Barbara etal
Present: Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE.
CIVIL MINUTES - GENERAL
Proceedings: (In Chambers) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION
On June 14, 2021, Santana Hellasandros (“Plaintiff”'), proceeding pro se and in forma pauperis (“IFP”), constructively filed a Civil Rights Complaint (“Complaint”) pursuant to 42 U.S.C. § 1983. ECF Docket No. (“Dkt.”) 1. On November 15, 2021, the Court dismissed the Complaint with leave to amend (“ODLA”), granting Plaintiff twenty-one (21) days to file a First Amended Complaint (“FAC”). Dkt. 13. The ODLA cautioned Plaintiff that failure to timely file a response to the ODLA “will result” in the dismissal of the Complaint for failure to prosecute. Dkt. 13 at 20. To date, Plaintiff has failed to comply with the Court's November 15, 2021 ODLA. Plaintiff has not corresponded with the Court at all since they requested an extension of time on March 18, 2022. Dkt. 20.
Under the “mailbox rule”, when a pro se prisoner gives prison authorities a pleading to mail to the court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010).
Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by June 30, 2022, why this action should not be dismissed under Rule 41(b) for failure to prosecute. See Fed.R.Civ.P. 41(b).
The Court will consider any of the following three (3) options to be an appropriate response to this OSC:
1. Plaintiff shall file a First Amended Complaint that addresses the deficiencies identified in the Court's November 15, 2021 ODLA;
2. Plaintiff shall provide the Court with an explanation as to why he has failed to file a First Amended Complaint; or
3. Plaintiff may voluntarily dismiss the action pursuant to Federal Rule of Civil Procedure 41(a). The Clerk is directed to attach a Notice of Dismissal form for Plaintiff's convenience.
Failure to respond to the Court's Order will result in the dismissal of the action.
IT IS SO ORDERED.