Opinion
5:20-cv-02564-FLA (MAA)
06-07-2021
Peter Garcia v. Ralph Diaz
Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings (In Chambers):Order to Show Cause Why This Case Should Not Be Dismissed for Want of Prosecution
On February 24, 2021, the Court issued an Order Dismissing Complaint. (ECF No. 13.) The Court ordered Plaintiff Peter Garcia (“Plaintiff”) to, no later than March 26, 2021, either file a First Amended Complaint (“FAC”) or advise the Court that Plaintiff does not intend to pursue this lawsuit further and will not file a FAC. (Id. at 5.) The Court cautioned Plaintiff that “failure to comply with this order will result in a recommendation that the lawsuit be dismissed without prejudice for failure to prosecute and/or comply with court orders. See Fed. R. Civ. P. 41(b); C.D. Cal. L.R. 41-1.” (Id.)
On March 26, 2021, the Court granted Plaintiff's request for an extension of time to file a FAC, and extended Plaintiff's FAC deadline to April 26, 2021. (ECF No. 17.) In extending Plaintiff's FAC deadline, the Court “advised that failure to timely file a FAC will result in a recommendation that the lawsuit be dismissed for failure to prosecute and/or comply with court orders. See Fed. R. Civ. P. 41(b); C.D. Cal. L.R. 41-1.” (Id.)
To date, Plaintiff has filed neither a FAC nor a Notice of Dismissal of the action. (A Notice of Dismissal form is attached to this order.) Plaintiff is ORDERED TO SHOW CAUSE by July 6, 2021 why the Court should not recommend that the case be dismissed for want of prosecution. See Fed. R. Civ. P. 41(b); C.D. Cal. L.R. 41-1. If Plaintiff files a FAC or a Notice of Dismissal on or before that date, this Order to Show Cause will be discharged, and no additional action need be taken.
Plaintiff is advised that failure to comply with this order will result in a recommendation that the lawsuit be dismissed for failure to prosecute and/or comply with court orders. See Fed. R. Civ. P. 41(b); C.D. Cal. L.R. 41-1.
It is so ordered.
Attachment Notice of Dismissal