Demond Mimms v. Bethina Lobianco et al
Filing
7
ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian. IT IS ORDERED that the plaintiff shall show cause in writing, on or before September 3, 2013, why this action should not be dismissed based upon the deficiencies identified in the July 16 Order and/or based upon plaintiff's failure to prosecute. If plaintiff no longer wishes to pursue this action, he may expedite matters by instead signing and returning the attached Notice of Dismissal by the foregoing deadline. (Attachments: # 1 Notice of Dismissal Form) (hr)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 13-4175 DMG(JC)
Title
Demond Mimms v. Bethina Lobianco, et al.
Present: The Honorable
Date
August 20, 2013
Jacqueline Chooljian, United States Magistrate Judge
Hana Rashad
None
None
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiff:
Attorneys Present for Defendants:
none
none
Proceedings:
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL
On June 18, 2013, plaintiff, Demond Mimms (“plaintiff”), who is proceeding pro se and has
been granted leave to proceed in forma pauperis, filed a Civil Rights Complaint (“Complaint”) pursuant
to 42 U.S.C. § 1983 (“Section 1983”) against Los Angeles County Deputy Probation Officers Bethina
Lobianco (“Lobianco”) and Nate Tyler (“Tyler”) (collectively “defendants”).
On July 16, 2013, this Court dismissed the Complaint with leave to amend and afforded plaintiff
an opportunity, if he wished to pursue this matter, to file a First Amended Complaint within twenty (20)
days, i.e., by August 5, 2013. The Court expressly cautioned plaintiff that the failure timely to file a
First Amended Complaint may result in the dismissal of this action with or without prejudice on the
grounds set forth in the July 16 Order and/or for failure diligently to prosecute. To date, although the
foregoing deadline has expired, plaintiff has failed to file a First Amended Complaint or to seek an
extension of time to do so.
IT IS ORDERED that the plaintiff shall show cause in writing, on or before September 3, 2013,
why this action should not be dismissed based upon the deficiencies identified in the July 16 Order
and/or based upon plaintiff’s failure to prosecute. If plaintiff no longer wishes to pursue this action,
he may expedite matters by instead signing and returning the attached Notice of Dismissal by the
foregoing deadline.
Plaintiff is cautioned that the failure to comply with this order and/or to show good cause,
will result in the dismissal of this action based upon the deficiencies identified in the July 16
Order, plaintiff’s failure to prosecute this action and/or plaintiff’s failure to comply with the
Court’s order.
IT IS SO ORDERED.
Attachment
Initials of Deputy Clerk
CV-90 (06/04)
CIVIL MINUTES - GENERAL
hr
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