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Michele Kinser v. County of San Bernardino

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 12, 2011

MICHELE KINSER
v.
COUNTY OF SAN BERNARDINO, ET AL.

The opinion of the court was delivered by: Hon. Patrick J. Walsh, Magistrate Judge

CIVIL MINUTES - GENERAL

Celia Anglon-Reed N/A

Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANTS:

None None

PROCEEDINGS: Order to Show Cause (In Chambers)

On October 11, 2011, the Court dismissed the Complaint and granted Plaintiff leave to amend and file a First Amended Complaint ("FAC"). (Docket Nos. 15, 17.) Plaintiff had until November 15, 2011 to file the FAC. (Docket No. 18.) She was warned that failure to file a timely FAC would result in dismissal of her case under Federal Rule of Civil Procedure 41(b). (Docket No. 18.) As of the date of this Order, Plaintiff has not filed a FAC. Plaintiff has until January 15, 2012 to either file a FAC or explain to the Court why she cannot do so. Failure to comply with this Order will result in dismissal of the case under Federal Rule of Civil Procedure 41(b).

The Court further notes that Plaintiff stated in her opposition to Defendants' motion to dismiss that she was scheduled to be released from custody on October 14, 2011. (Opp. at 1.) Consistent with this, Plaintiff is no longer listed as an inmate on West Valley Detention Center's website. Plaintiff has not provided the Court with her current address, as she is required to do.*fn1 If Plaintiff is no longer incarcerated at West Valley Detention Center, she must provide the Court with her new address. Failure to do so will result in dismissal of her case under Federal Rule of Civil Procedure 41(b). See Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam) ("Failure to follow a district court's local rules is a proper ground for dismissal.").

Michele Kinser Risa Christensen Booking No. 1004342772 Wagner & Pelayes LLP 9500 Etiwanda Ave. 1325 Spruce St., Ste. 200 Rancho Cucamonga, California 91739 Riverside, California 92507


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