Roberto Leveron v. W. Z. Jenkins
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. 2:23-cv-04914-RGK-MAR Date: October 12, 2023 Title Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE
Valerie Velasco N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
N/A N/A
Proceedings: (In Chambers) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK
OF PROSECUTION
On June 3, 2023, Roberto Leveron (“Plaintiff”) proceeding pro se, constructively filed a Complaint (“Complaint”) pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971). ECF Docket No. (“Dkt.”) 1.
On August 28, 2023, the Court dismissed the Complaint with leave to amend (“ODLA”), granting Plaintiff until September 18, 2023, to either: (1) file a First Amended Complaint; (2) file a notice that he intends to stand on the allegations in the Complaint; or (3) voluntarily dismiss the action without prejudice. Dkt. 12 at 17–18. The ODLA cautioned Plaintiff that failure to timely file a response to the ODLA “will result” in the dismissal of the Complaint for failure to prosecute. …