Floyd Smith v. The United States

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 FLOYD SMITH, ) Case No. CV 20-9318 FMO (ASx) ) Plaintiff, ) ) v. ) ORDER DISMISSING ACTION WITHOUT ) PREJUDICE THE UNITED STATES, et al., ) ) Defendants. ) ) ) Plaintiff Floyd Smith (“plaintiff”) filed his complaint on October 8 2020. (Dkt. 1, Complaint). By order dated January 7, 2021, plaintiff was ordered to show cause by January 14, 2021, why this action should not be dismissed for lack of prosecution. (Dkt. 7, Court’s Order of January 7, 2021 (“OSC”)). The OSC stated that it would stand submitted upon the filing of proofs of service, an application for entry of default, or defendants’ answers. (See id.). Plaintiff was admonished that “[f]ailure to file a timely response to [the OSC] shall result in the dismissal of the action or the [subject] defendant(s) being dismissed for lack of prosecution and for failure to comply with the orders of the court.” (Id.) (citing Fed.…