CIVIL MINUTES – GENERAL

Case No. 2:21-cv-4953-FLA (MAR) Date: October 25, 2021 Title:

Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE Erica Bustos N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Defendants:

N/A N/A

Proceedings: (In Chambers) ORDER TO SHOW CAUSE: RE DISMISSAL FOR

FAILURE TO PROSECUTE

On June 14, 2021, Samuel Chester (“Plaintiff”), proceeding pro se, constructively filed1 a Complaint (“Complaint”) pursuant to 42 U.S.C. §1983 (“section 1983”). ECF Docket No. (“Dkt.”) 1 at 3–5, 8. On September 10, 2021, the Court issued an Order Dismissing the Complaint With Leave to Amend (“ODLA”) instructing Plaintiff 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. Dkt. 11 at 14. The Court also issued an Order re: Plaintiff’s failure to pay the filing fee or request to proceed in forma pauperis (“IFP”), instructing Plaintiff to either pay the fee or file the request to proceed IFP with his First Amended Complaint. Dkt. 12.

The Court is now in receipt of Plaintiff’s Request to Proceed IFP, Dkt. 14, and has granted his request. Dkt. 15. However, Plaintiff has yet to file a First Amended Complaint. Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by November 15, 2021, why this action should not be dismissed under Rule 41(b) for failure to prosecute. See Fed. R. Civ. P. 41(b).

The Court will consider any of the following three (3) options to be an appropriate response to this OSC:

1. Plaintiff shall file a First Amended Complaint that addresses the deficiencies identified in the Court’s September 10 , 2021 ODLA; 2. Plaintiff shall provide the Court with an explanation as to why he has failed to file a First Amended Complaint; or 3. Plaintiff may request a voluntarily dismissal of the action pursuant to Federal Rule of Civil Procedure 41(a). The Clerk is directed to attach a Notice of Dismissal form for Plaintiff’s convenience.

1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted); Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (stating the “mailbox rule applies to § 1983 suits filed by pro se prisoners”).

CIVIL MINUTES – GENERAL

Case No. 2:21-cv-4953-FLA (MAR) Date: October 25, 2021 Title:

Failure to respond to the Court’s Order may result in the dismissal of the action.

IT IS SO ORDERED.

: Initials of Preparer eb

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER

Plaintiff(s), v.

NOTICE OF DISMISSAL PURSUANT

TO FEDERAL RULES OF CIVIL

PROCEDURE 41(a) or (c) Defendant(s). PLEASE TAKE NOTICE: (Check one) G This action is dismissed by the Plaintiff(s) in its entirety. G The Counterclaim brought by Claimant(s) is dismissed by Claimant(s) in its entirety. G The Cross-Claim brought by Claimants(s) is dismissed by the Claimant(s) in its entirety. G The Third-party Claim brought by Claimant(s) is dismissed by the Claimant(s) in its entirety. G ONLY Defendant(s) is/are dismissed from (check one)G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c). Date Signature of Attorney/Party NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive