Opinion
2:23-06848 MRA (ADS)
12-09-2024
Heath Pernell v. Erica Lake, et al.
Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE PROSECUTE AND OBEY COURT ORDERS
Plaintiff Heath Pernell filed a Civil Rights Complaint under 42 U.S.C. § 1983 (the “Complaint”). (Dkt. No. 1.) On August 29, 2024, the Court dismissed the Complaint with leave to amend and granted Plaintiff leave to file a First Amended Complaint by no later than September 30, 2024. (Dkt. No. 24.) On October 3, 2024, Plaintiff Heath Pernell filed a Motion for Extension of Time to File Amended Complaint. (Dkt. No. 25.) The Court granted Plaintiff a 30-day extension, making the First Amended Complaint due by November 7, 2024. (Dkt. No. 26.) As of the date of this Order, Plaintiff has not filed a First Amended Complaint or otherwise communicated with the Court.
Plaintiff is hereby ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to prosecute and obey court orders. Plaintiff must file a written response by no later than December 27, 2024
. Plaintiff may respond to this Order to Show Cause by (a) filing a First Amended Complaint; or (b) filing a statement with the Court indicating the desire to continue to move forward with the Complaint despite the weaknesses noted by the Court in the Order Dismissing with Leave to Amend.
Plaintiff is expressly warned that failure to timely file a response to this Order to Show Cause may result in a recommendation to the District Judge that this action be dismissed with prejudice for failure to state a claim, failure to prosecute, and failure to obey Court orders pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.