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Title: George C. Nails v. City of Fullerton

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 25, 2013

TITLE: GEORGE C. NAILS
v.
CITY OF FULLERTON, ET AL.

The opinion of the court was delivered by: Honorable Suzanne H. Segal, United States Magistrate Judge

CIVIL MINUTES - GENERAL

DOCKET ENTRY: ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

PRESENT: HONORABLE SUZANNE H. SEGAL, UNITED STATES MAGISTRATE JUDGE

Marlene Ramirez None None Deputy Clerk Court Reporter/Recorder Tape No. ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANTS: None Present None Present

PROCEEDINGS: (IN CHAMBERS)

On January 22, 2013, the Court dismissed the Complaint in the above-referenced state prisoner civil rights action with leave to amend due to pleading deficiencies. (Dkt. No. 9). Plaintiff was required to file a First Amended Complaint by February 21, 2013 if he still wished to pursue this action. The Court expressly warned Plaintiff that failure to timely file a First Amended Complaint would result in a recommendation that this action be dismissed with prejudice for failure to prosecute and obey Court orders. (Id. at 10).

On March 6, 2013, the Court granted Plaintiff's Request for Extension of Time and set a new deadline of March 20, 2013 for filing an amended complaint. (Dkt. No. 11). The Court again reminded Plaintiff that failure to timely file a First Amended Complaint would result in dismissal with prejudice for failure to prosecute and obey Court orders. (Id. at 2). As of today, however, Plaintiff has failed to file a First Amended Complaint.

Accordingly, Plaintiff is ORDERED TO SHOW CAUSE within seven (7) days of the date of this Order why this action should not be dismissed with prejudice for failure to prosecute. Plaintiff may discharge this Order by filing a First Amended Complaint, curing the deficiencies of the Complaint, or by filing a declaration under penalty of perjury stating why he is unable to do so.

If Plaintiff no longer wishes to pursue this action, he may request a voluntary dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a). A Notice of Dismissal form is attached for Plaintiff's convenience. Plaintiff is again warned that failure to timely file a response to this Order will result in a recommendation that this action be dismissed with prejudice for failure to prosecute and obey court orders pursuant to Federal Rule of Civil Procedure 41(b).

The Clerk of the Court is directed to serve a copy of this Order upon Plaintiff at his address of record.

20130325

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