Roberto Leveron v. W. Z. Jenkins

C.D. California

Roberto Leveron v. W. Z. Jenkins

DecidedOctober 12, 2023

Docket2:23-cv-04914

StatusUnknown

This text of Roberto Leveron v. W. Z. Jenkins (Roberto Leveron v. W. Z. Jenkins) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roberto Leveron v. W. Z. Jenkins, (C.D. Cal. 2023).

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Opinion

CIVIL MINUTES – GENERAL

Case No. 2:23-cv-04914-RGK-MAR Date: October 12, 2023 Title Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE

Valerie Velasco 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 3, 2023, Roberto Leveron (“Plaintiff”) proceeding pro se, constructively filed a Complaint (“Complaint”) pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971). ECF Docket No. (“Dkt.”) 1.

On August 28, 2023, the Court dismissed the Complaint with leave to amend (“ODLA”), granting Plaintiff until September 18, 2023, to either: (1) file a First Amended Complaint; (2) file a notice that he intends to stand on the allegations in the Complaint; or (3) voluntarily dismiss the action without prejudice. Dkt. 12 at 17–18. 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. Id. at 18.

To date, Petitioner has not filed a First Amended Complaint or responded to the ODLA. Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by November 3, 2023, 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 August 28, 2023 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. CIVIL MINUTES – GENERAL

Case No. 2:23-cv-04914-RGK-MAR Date: October 12, 2023 Title Failure to respond to the Court’s Order will result in the dismissal of the action.

IT IS SO ORDERED. Initials of Preparer : vv

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