Opinion
5:21-cv-00920-JAK-SHK
01-19-2022
Shannon Kay Lopez v. Joan Frances Burgess, et al.,
Present: The Honorable Shashi H. Kewalramani, United States Magistrate Judge
CIVIL MINUTES-GENERAL
Proceedings (IN CHAMBERS): ORDER TO SHOW CAUSE
On October 25, 2021, the United States Magistrate Judge assigned to this case issued a Report and Recommendation (“R&R”), which the United States District Judge assigned to this case accepted on December 1, 2021 (“Order”). Electronic Case Filing Number (“ECF No.”) 40, R&R; ECF No. 42, Order. In the Order, certain Defendants were dismissed with prejudice, and Plaintiff's claims against other Defendants were dismissed without prejudice and with leave to file a First Amended Complaint (“FAC”) by December 22, 2021. Plaintiff was “cautioned that if Plaintiff does not timely file a FAC, this action will be dismissed with or without prejudice for failure to state a claim, failure to prosecute, and/or failure to obey Court rules under Federal Rule of Civil Procedure 41(b).” Id. at 3 (emphasis in original). To date, Plaintiff has failed to file a FAC or otherwise participated in this litigation.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE by February 4, 2022, why this case should not be dismissed for failure to prosecute and follow Court orders. Plaintiff can satisfy this order by either: (a) advising the Court that Plaintiff no longer wishes to pursue this action; (b) showing good cause in writing why Plaintiff has not timely filed a FAC; or (c) filing a FAC. Plaintiff is warned that failure to timely perform one of these options will result in the dismissal of this case for failure to prosecute and follow Court orders.
IT IS SO ORDERED.