Hellasandros v. County of Santa Barbara

Opinion

Case 2:21-cv-05806-JLS-MAR Document 22 Filed 06/09/22 Page 1 of 3 Page ID #:305 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:21-cv-05806-JLS(MAR) Date: June 9, 2022 Title Hellasandros v. County of Santa Barbara et al Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE

ERICA BUSTOS N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants: N/A N/A Proceedings: (In Chambers) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION

On June 14, 2021, Santana Hellasandros (“Plaintiff”), proceeding pro se and in forma pauperis (“IFP”), constructively filed1 a Civil Rights Complaint (“Complaint”) pursuant to 42 U.S.C. § 1983. ECF Docket No. (“Dkt.”) 1. On November 15, 2021, the Court dismissed the Complaint with leave to amend (“ODLA”), granting Plaintiff twenty-one (21) days to file a First Amended Complaint (“FAC”). Dkt. 13. The ODLA cautioned Plaintiff that failure to timely file a response to the ODLA “will result” in the dismissal of the Complaint for failure to prosecute. Dkt. 13 at 20. To date, Plaintiff has failed to comply with the Court’s November 15, 2021 ODLA. Plaintiff has not corresponded with the Court at all since they requested an extension of time on March 18, 2022. Dkt. 20.

Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by June 30, 2022, 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 November 15, 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 voluntarily dismiss 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 prisoner gives prison authorities a pleading to mail to the 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).

CV-90 (03/15) Civil Minutes – General Page 1 of 2 Case 2:21-cv-05806-JLS-MAR Document 22 Filed 06/09/22 Page 2 of 3 Page ID #:306 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case No. 2:21-cv-05806-JLS(MAR) Date: June 9, 2022 Title Hellasandros v. County of Santa Barbara et al Failure to respond to the Court’s Order will result in the dismissal of the action.

IT IS SO ORDERED. Initials of Preparer : eb

CV-90 (03/15) Civil Minutes – General Page 2 of 2 Case 2:21-cv-05806-JLS-MAR Document 22 Filed 06/09/22 Page 3 of 3 Page ID #:307

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 pleading or prior to the beginning of trial. CV-09 (03/10) NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)