Andre D. Citizen v. County of San Bernardino

I. BACKGROUND AND SUMMARY

19 On January 24, 2020, Plaintiff Andre D. Citizen filed a Complaint pursuant 20 to 42 U.S.C. § 1983, and on July 6, 2020, filed a First Amended Complaint which, 21 among other things, sought to enjoin criminal proceedings initiated against 22 Plaintiff in San Bernardino County Superior Court Case No. FVI18000824 (“State 23 Criminal Case.”). (Dkt. Nos. 1, 15). 24 On October 15, 2020, this Court issued on Order staying this action pursuant 25 to Younger v. Harris, 401 U.S. 37 (1971), and its progeny “until the State Criminal 26 Case has been finally resolved.” (Dkt No. 20; “Stay Order”). The Stay Order also 27 required Plaintiff, among other things, to file status reports every sixty days, with 28 Case 5:20-cv-00172-CJC-JC Document Filed 03/09/ Page 2 of Page ID #:190

the first status report due on December 14, 2020. (Stay Order at 10). Additionally, the Stay Order cautioned Plaintiff that his failure to timely file a status report “may result in the dismissal of this action based upon Plaintiff’s failure to comply with the Court’s Order and/or for lack of prosecution.” (Stay Order at 10). Plaintiff failed…