Derrick Lamar Hairston v. M. Lopez

Good Law
United States District Court, Central District of CaliforniaJuly 9, 20245:24-cv-00601California554 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DERRICK LAMAR HAIRSTON, CASE NO. 5:24-cv-00601-MCS (SK)

Plaintiff, ORDER DISMISSING ACTION v. FFOR LACK OF PROSECUTION

M. LOPEZ et al.,

Defendants.

Plaintiff Derrick Hairston is a California state prisoner suing two correctional officers under 42 U.S.C. § 1983 for allegedly violating his constitutional rights during prison disciplinary proceedings. (ECF 1 at 3–4, 8–9). But because his complaint contained numerous pleading deficiencies, plaintiff was ordered to show cause by May 2024 why the deficient complaint should not be dismissed under 28 U.S.C. § 1915A. (ECF 9). That order granted plaintiff leave to file an amended complaint fixing any curable pleading deficiencies. (Id. at 3). It also warned plaintiff, however, that failure to file an amended complaint or otherwise respond to the order may lead to involuntary dismissal of this action for lack of prosecution. (Id. at 3–4). Yet, as of this order, plaintiff has filed no response to the court’s order to show cause. The court thus orders this action dismissed for lack of prosecution. See Fed. R. Civ. P. 41(b); L.R. 41-1.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.