Mostafa Ahmed Abdelhamed Dawod v. Merrick Garland

Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 23-3211-MWF (MRWx) Date: November 30, 2023 Title: Mostafa Ahmed Abdelhamed Dawod v. Merrick Garland et al.

Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge

Deputy Clerk: Court Reporter: Rita Sanchez Not Reported

Attorneys Present for Plaintiff: Attorneys Present for Defendants: None Present None Present

Proceedings (In Chambers): ORDER TO SHOW CAUSE

On October 12, 2023, the Court granted Defendants’ Motion to Dismiss, concluding that Plaintiff Mostafa Ahmed Abdelhamed Dawod failed to sufficiently allege a claim under the Administrative Procedure Act. (Docket No. 33). The Court granted Plaintiff leave to file a Second Amended Complaint, if any, by October 30, 2023. (Id.). There has been no further activity in this action since the Court denied the Motion to Dismiss. As such, Plaintiff is ORDERED TO SHOW CAUSE (“OSC”), in writing, by no later than December 15, 2023, why this action should not be dismissed for failure to state a claim for relief under Federal Rule 12(b)(6) and/or failure to prosecute under Federal Rule 41(b). See Reed v. Lieurance, 863 F.3d 1196, 1207 (9th Cir. 2017) (“A trial court may dismiss a claim sua sponte under Rule 12(b)(6)[.]” (citations omitted)); see also Link v. Wabash R. Co., 370 U.S. 626, 633 (1962) (“[A] District Court may dismiss a complaint for failure to prosecute[.]”). Plaintiff is warned that failure to respond to the OSC by December 15, 2023, will result in dismissal of this action. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. IT IS SO ORDERED. ______________________________________________________________________________