Opinion
2:22-cv-02027-MWF(MAR)
10-04-2022
Damon Witherbee v. Dan Dow et al
Present: The 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 July 14, 2022, Damon Witherbee (“Plaintiff”) proceeding pro se, constructively filed a Complaint (“Complaint”). ECF Docket No. (“Dkt.”) 11. On August 9, 2022, the Court dismissed the Complaint with leave to amend (“ODLA”), granting Plaintiff until September 5, 2022, to either: (1) file a Second Amended Complaint (“SAC”); (2) file a notice that he intends to stand on the allegations in the Complaint; or (3) voluntarily dismiss the action. Dkt. 13 at 15-16. 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. Id. To date, Plaintiff has failed to file a SAC or otherwise correspond with the Court.
Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by October 25, 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 Second Amended Complaint that addresses the deficiencies identified in the Court's August 9, 2021 ODLA;
2. Plaintiff shall provide the Court with an explanation as to why he has failed to file a Second 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 may result in the dismissal of the action.
IT IS SO ORDERED.