Majlessi v. Public Storage Co. et al

Northern District of California, cand-4:2015-cv-02092

ORDER DISCHARGING ORDER TO SHOW CAUSE re {{6}}. Signed by Magistrate Judge Kandis A. Westmore on 8/12/15.

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAID MAJLESSI, 7 Case No. 15-cv-02092-KAW Plaintiff, 8 v. ORDER DISCHARGING ORDER TO 9 SHOW CAUSE AND ORDERING PUBLIC STORAGE CO., et al., PLAINTIFF TO FILE AMENDED 10 COMPLAINT Defendants. 11 Re: Dkt. No.6 12 Northern District of California United States District Court 13 14 On July 20, 2015, the court ordered Plaintiff to show cause and explain why this case 15 should not be dismissed for failure to prosecute due to his failure to file an amended complaint as 16 required by the court's June 1, 2015 Order. 17 Plaintiff still has not filed an amended complaint, but he has filed a timely response to the 18 order to show cause. According to Plaintiff, he was arrested in San Francisco and unable to obtain 19 his backpack containing his court papers from the SFPD until a few days before he filed his 20 response to the order to show cause. Thus, the delay in filing the amended complaint was beyond 21 his control. Plaintiff did not, however, inform the court of his intentions regarding filing the 22 amended complaint. 23 Accordingly, the July 20, 2015 order to show cause is hereby discharged. Given that 24 Plaintiff appears to be requesting an opportunity to file the amended complaint, he is ordered to 25 file it no later than 21 days from the date of this order. 26 The amended complaint must correct the deficiencies identified by the court in its June 1 27 Order. If Plaintiff cannot cure the deficiencies in the complaint and/or wishes to pursue his claims 28 in state court, he may file a voluntary dismissal instead of an amended complaint. The court may 1 dismiss this action if Plaintiff fails to file the amended complaint. 2 For assistance, Plaintiff may contact the Federal Pro Bono Project by calling the 3 appointment line at (415) 782-8982 or by signing up for an appointment in the appointment book 4 located outside the San Francisco or Oakland Legal Help Center office. Appointments are held 5 Monday through Friday at various times throughout the day. Plaintiff can speak with an attorney 6 who will provide basic legal help, but not legal representation. 7 IT IS SO ORDERED. 8 Dated: 8/12/15 __________________________________ 9 KANDIS A. WESTMORE 10 United States Magistrate Judge 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2