Robert Lacambra v. California Department of Motor Vehicle
Robert Lacambra v. California Department of Motor Vehicle
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:21-cv-01643-CAS-KES Date: December 9, 2021
Title: ROBERT LACAMBRA v. CALIFORNIA DEPARMENT OF MOTOR VEHICLES, et al.
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado Not Present Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANTS: None Present None Present
PROCEEDINGS (IN CHAMBERS): Order to Show Cause Why this Action Should Not Be Dismissed
On October 5, 2021, Robert Lacambra (“Plaintiff”) filed a pro se civil rights complaint under
42 U.S.C. § 1983(“Complaint” at Dkt. 1) alleging that employees of the California Department of Motor Vehicles and California Bureau of Automotive Repair violated his constitutional rights by refused to issue him a new car registration and denying his request to retire the car through a government program. Because Plaintiff requested leave to proceed in forma pauperis (Dkt. 2), the Court reviewed the Complaint prior to service on Defendants. See
28 U.S.C. § 1915(e)(2). On October 26, 2021, the Court found dismissed the Complaint with leave to amend, finding it failed to state a claim against any of the named Defendants. (Dkt. 9.) The Court directed Plaintiff to respond on or before November 26, 2021 by filing either a First Amended Complaint or a notice of intent to proceed with the Complaint. (Id. at 9.) As of the date of this Order, the Court has not received any further filings from Plaintiff. IT IS HEREBY ORDERED that, on or before January 10, 2022, Plaintiff shall show cause why this action should not be dismissed for lack of prosecution and/or failure to follow this Court’s orders. Plaintiff may discharge this Order to Show Cause by filing one of the following: (1) a First Amended Complaint that attempts to remedy the defects identified in the Court’s dismissal order; (2) a motion for an extension of the deadline, explaining why he missed the most recent CIVIL MINUTES – GENERAL
Case No. 8:21-cv-01643-CAS-KES Date: December 9, 2021 Page 2
deadline; (3) a notice of intent to proceed with the Complaint; or (4) a notice of voluntary dismissal of this action. The Clerk is directed to provide Plaintiff with the standard forms for filing a civil rights complaint (Form CV-66) and a notice of voluntary dismissal (Form CV-09). If Plaintiff fails to respond to this Order to Show Cause, the Court may dismiss this action for lack of prosecution and/or failure to follow the Court’s orders.
Initials of Deputy Clerk JD 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 COMMITTED NAME (if different) FULL ADDRESS INCLUDING NAME OF INSTITUTION
PRISON NUMBER (if applicable) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER To be supplied by the Clerk PLAINTIFF, v. CIVIL RIGHTS COMPLAINT PURSUANT TO (Check one) G
42 U.S.C. § 1983DEFENDANT(S). G Bivens v. Six Unknown Agents
403 U.S. 388(1971) A. PREVIOUS LAWSUITS 1. Have you brought any other lawsuits in a federal court while a prisoner: G Yes G No 2. If your answer to “1.” is yes, how many? Describe the lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on an attached piece of paper using the same outline.) Defendants b. Court
c. Docket or case number d. Name of judge to whom case was assigned e. Disposition (For example: Was the case dismissed? If so, what was the basis for dismissal? Was it appealed? Is it still pending?) f. Issues raised: g. Approximate date of filing lawsuit: h. Approximate date of disposition
B. EXHAUSTION OF ADMINISTRATIVE REMEDIES 1. Is there a grievance procedure available at the institution where the events relating to your current complaint occurred? G Yes G No 2. Have you filed a grievance concerning the facts relating to your current complaint? G Yes G No If your answer is no, explain why not
3. Is the grievance procedure completed? G Yes G No If your answer is no, explain why not
4. Please attach copies of papers related to the grievance procedure. C. JURISDICTION This complaint alleges that the civil rights of plaintiff (print plaintiff's name) who presently resides at , (mailing address or place of confinement) were violated by the actions of the defendant(s) named below, which actions were directed against plaintiff at (Claim I) (Claim II) (Claim III) NOTE: You need not name more than one defendant or allege more than one claim. If you are naming more than five (5) defendants, make a copy of this page to provide the information for additional defendants. 1. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law:
2. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law:
3. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law: (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law:
5. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law: The following civil right has been violated:
Supporting Facts: Include all facts you consider important. State the facts clearly, in your own words, and without citing legal authority or argument. Be certain you describe, in separately numbered paragraphs, exactly what each DEFENDANT (by name) did to violate your right.
*If there is more than one claim, describe the additional claim(s) on another attached piece of paper using the same outline. I believe that I am entitled to the following specific relief:
(Date) (Signature of Plaintiff)
Reference
- Status
- Unknown