Opinion
5:21-cv-00567-FMO-SHK
11-02-2022
Richard Tetsuo Osaki v. The San Bernardino Cnty. Sheriff Dep't W.Valley Det. Ctr. Drs., Staff Pers., et al..
Present: The Honorable Shashi Kewalramani, United States Magistrate Judge
CIVIL MINUTES-GENERAL
Proceedings: (In Chambers) ORDER TO SHOW CAUSE
On September 28, 2022, the Court issued its Order Dismissing First Amended Complaint with Leave to Amend (“ODLA”). Electronic Case Filing (“ECF No.”) 17. The Court also provided Plaintiff with a blank Civil Rights Form and a Voluntarily Dismissal form if either was desired. Plaintiff's Second Amended Complaint (“SAC”) was due on before October 19, 2022. To date, Plaintiff has failed to file a SAC within the allotted time, nor has he requested an extension of time within which to do so.
Accordingly, on or before November 16, 2022, Plaintiff is ORDERED to either (a) advise the Court that he does not desire to pursue this action; (b) if plaintiff does desires to pursue this action, show good cause in writing, if any exists, why plaintiff has not timely filed with the Court a SAC, and why the Court should not recommend that this action be dismissed for failure to prosecute and failure to comply with the Court's prior Order; or (c) file a SAC.
Plaintiff is forewarned that, failure to do either of the provided options, the Court will deem such failure a further violation of a Court order justifying dismissal, and also deem such failure as further evidence of a lack of prosecution on Plaintiff's part.
IT IS SO ORDERED.