Opinion
CV 24-07698-DOC (AS)
11-21-2024
James Johnson v. Los Angeles County Sheriff Department, et. al.,
THE HONORABLE ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
DAVID O. CARTER UNITED STATES DISTRICT JUDGE
Proceedings (In Chambers): SECOND ORDER TO SHOW CAUSE RE LACK OF PROSECUTION
On October 17, 2024, the Court issued an Order to Show Cause (“OSC”) why this case should be dismissed with prejudice for failure to prosecute. (Dkt. No. 7). The Court noted that the orders issued in this case - a notice of assignment of this matter, (Dkt. No. 3), and an order requiring Plaintiff to provide the Court with his current address pursuant to Local Rule 41-6 within ten days (Dkt. No. 5), which were mailed to Plaintiff's address of record - were returned to the Court as undeliverable. (Dkt. Nos. 4, 6). On November 4, 2024, the OSC was returned to the Court as undeliverable. (Dkt. No. 10). On November 7, 2024, the Court issued a second order requiring Plaintiff to provide the Court with his current address and warned Plaintiff that failure to respond to the Order would result in a recommendation that his case be dismissed with prejudice. (Dkt. No. 11).
To date, Plaintiff has failed to provide the Court with his updated address and the Court's Orders have been returned to the Court as undeliverable. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than December 13, 2024, why this action should not be dismissed with prejudice for failure to prosecute. This Order will be discharged upon the submission of an updated address for Plaintiff in compliance with the Court's Order dated November 7, 2024, a copy of which is attached to this Order, or upon the filing of a declaration under penalty of perjury stating why Plaintiff is unable to comply with the Court's Order.
If Plaintiff no longer wishes to pursue this action, he may request a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). A notice of dismissal form is attached for Plaintiff's convenience.
Plaintiff is warned that a failure to timely respond to this Order will result in a recommendation that this action be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court orders.
IT IS SO ORDERED.
November 7, 2024
Proceedings: (IN CHAMBERS) ORDER REQUIRING PLAINTIFF TO PROVIDE COURT WITH HIS CURRENT ADDRESS PURSUANT TO LOCAL RULE 41-6
Plaintiff in the above-entitled action is apparently no longer located at his address of record. The Court reminds Plaintiff that he is obligated to keep the Court informed of his current address and telephone number, pursuant to Local Civil Rule 41-6. Plaintiff is ORDERED to notify this Court of his current address and telephone number within ten days of the date of this Order. Plaintiff is expressly cautioned that if he fails to respond to this Order, the Court will recommend that this action be dismissed with prejudice under Federal Rule of Civil Procedure 41(b), for Plaintiff's failure to prosecute.
The Clerk of the Court is directed to serve a copy of this Order upon Plaintiff and counsel for Defendants.