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Jurisdiction: California Central District Court
Decision Date: 12/29/2010



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Martin v. Warren Martin v. Warren (C.D. Cal., 2010)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Abraham Nguyen Martin
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Tennille Warren, et al.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Case No. CV 10-5223 AG (JCG)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Dated: December 29, 2010

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Present: The Honorable Jay C. Gandhi United States Magistrate Judge


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ----------------------------------------------------- |Beatriz Martinez|None Appearing | | |----------------|-------------------------|--------| |Deputy Clerk |Court Reporter / Recorder|Tape No. | -----------------------------------------------------

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Attorneys Present for Plaintiffs:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        None Appearing

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Attorneys Present for Defendants:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        None Appearing

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Plaintiff lodged a civil rights complaint, which was then filed in this case on July 29, 2010. On August 30, 2010, the Court dismissed the complaint with leave to file an amended complaint. In the Court's August 30, 2010 Order Docket No. 5, Plaintiff was warned that his failure to file an amended complaint as ordered may result in a recommendation that this action, or portions thereof, be dismissed. (Aug. 30th Order at 17. ) On November 9, 2010, the Court extended the time for filing an amended complaint to December 9, 2010.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        To date, Plaintiff has not filed an amended complaint as ordered. A district court is authorized to dismiss an action "if the plaintiff fails to prosecute or to comply with these rules or a court order. " Fed. R. Ci v. P. 41(b). The court may dismiss a case under Rule 41(b) sua sponte. Link v. Wabash R. Co 370 U.S. 626, 630, 633 (1962); McKeever v. Block, 932 F.2d 795 797 (9th Cir. 1991).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Accordingly, IT IS ORDERED THAT on or before January 12, 2011, Plaintiff shall file a Response to this Order showing good cause, if any exists, why he failed to timely file an amended complaint, and why this action should not be dismissed for failure to prosecute. Plaintiff shall support any attempt to show good cause with a declaration under penalty of perjury, accompanied by an amended complaint that complies with the Court's Order of August 30, 2010.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The Court admonishes Plaintiff that his failure to timely file a declaration responsive to this Order to Show Cause along with a first amended complaint will

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        be deemed by the Court as further evidence of his failure to comply with the Court's orders and rules, and his failure to prosecute this action, and may result in a recommendation to the District Judge that the action be dismissed on that basis.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        cc: Parties of Record

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        00: 00
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Initials of Preparer bm

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
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