John Davis Gillman v. County of Riverside
John Davis Gillman v. County of Riverside
Trial Court Opinion
Case 5:21-cv-00815-SVW-GJS Document 38 Filed 03/25/22 Page1of2 Page ID #:185 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case 5:21-cv-0815-SVW (GJS) Date March 25, 2022 No. Title John Davis Gillman, v. County of Riverside, ef al.,
Present: Hon. Gail J. Standish, United States Magistrate Judge H. Crawford N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendants: None present None present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSSAL
On May 6, 2021, Plaintiff, who is proceeding pro se and in forma pauperis, filed a civil rights complaint. On October 27, 2021, the Court dismissed the operative complaint with leave to amend and ordered Plaintiff to file a Second Amended Complaint. [Dkt. 19.| Plaintiff filed a request for an extension of time and the Court subsequently extended the amendment deadline to March 4, 2022. [Dkt. 34.] Plaintiff's deadline to file a Second Amended Complaint has now elapsed, and no Second Amended Complaint has been filed by Plaintiff. Nor has Plaintiff sought a further extension of time to do so. Accordingly, on or before April 15, 2022, Plaintiff is ORDERED to show good cause in writing why the Court should not dismiss this action for failure to prosecute. In order to discharge this Order and proceed with this action, Plaintiff shall file, no later than the April 15, 2022 deadline either (1) his Second Amended Complaint that remedies the deficiencies discussed in the October 27, 2021 dismissal Recommendation or (2) a request for an extension of time to file his Second Amended Complaint that is supported by a showing of good cause. Plaintiff is expressly warned that if he fails to file a timely request for an extension or his Second Amended Complaint, that failure will be deemed by the Court as another
Initials of preparer CV-90 (10/08) CIVIL MINUTES - GENERAL Page 1 of 2
Case 5:21-cv-00815-SVW-GJS Document 38 Filed 03/25/22 Page 2of2 Page ID #:186 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case 5:21-cv-0815-SVW (GJS) Date March 25, 2022 No. Title John Davis Gillman, v. County of Riverside, ef al.,
violation of a Court order and as further evidence of his lack of prosecution, and will result in a recommendation to the District Judge that this action be dismissed on those grounds. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,
370 U.S. 626, 629-30,
82 S. Ct. 1386, 1388,
8 L. Ed. 2d 734, reh’g denied,
371 U.S. 873,
83 S. Ct. 115,
9 L. Ed. 2d 112(1962); Carey v. King,
856 F.2d 1439, 1440(9th Cir. 1988).
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Reference
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