The opinion of the court was delivered by: The Honorable Sheri Pym, United States Magistrate Judge
Present: The Honorable Sheri Pym, United States Magistrate Judge
Kimberly Carter None Appearing
Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s):
None Appearing None Appearing Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY COMPLAINT
SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
On September 22, 2011, plaintiff Sahi Sarwar, a federal prisoner proceeding pro se, lodged a civil rights complaint pursuant to 42 U.S.C. § 1983, which was transferred and filed in this court on December 12, 2011. On January 6, 2012, this court, having completed screening of the complaint, found the complaint subject to dismissal and granted leave to file a First Amended Complaint by February 6, 2012. Three weeks have beyond this deadline, but the court has not received a First Amended Complaint any other communication from plaintiff.
Accordingly, within twenty-one (21) days of the date of this Order, that is, by March 20, 2012, plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action should not be dismissed for failure to prosecute and/or comply with a court order. Plaintiff is cautioned that his failure to timely file a response to this Order to Show will be deemed by the court as consent to the dismissal of this action without prejudice. In the event plaintiff wishes to voluntarily dismiss this action, plaintiff may complete and return the enclosed Notice of Dismissal form by March 20, 2012.
If plaintiff files a First Amended Complaint by March 20, 2012, this Order to Show Cause will be automatically discharged, and plaintiff need not respond to it separately.
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