Majlessi v. Public Storage Co. et al

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

ORDER TO SHOW CAUSE. Case Management Conference continued to 11/3/2015 at 01:30 PM. Signed by Judge Kandis A. Westmore on 07/20/2015. (kawlc2S, COURT STAFF) (Additional attachment(s) added on 7/20/2015: # {{1}} Certificate/Proof of Service)

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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 TO SHOW CAUSE 9 PUBLIC STORAGE CO., et al., 10 Defendants. 11 12 Northern District of California United States District Court 13 Said Majlessi ("Plaintiff"), who proceeds pro se, commenced the above-captioned case on 14 May 8, 2015. (Compl., Dkt. No. 1.) Plaintiff also filed an application to proceed in forma 15 pauperis and motion to appoint counsel. (Pl.'s IFP Appl., Dkt. No. 2; Pl.'s Mot., Dkt. No. 3.) 16 On June 1, 2015, the Court granted the application to proceed in forma pauperis, denied 17 the motion to appoint counsel, and dismissed the complaint with leave to amend. (June 1, 2015 18 Order, Dkt. No. 5.) In the order, the Court instructed Plaintiff to file an amended complaint within 19 30 days. (Id.) As of the filing of this order, Plaintiff has not filed an amended complaint. 20 Federal Rule of Civil Procedure 41(b) permits the involuntary dismissal of an action or 21 claim due to a plaintiff's failure to prosecute. See Link v. Wabash R. Co., 370 U.S. 626, 630-31 22 (1962) ("authority of a court to dismiss sua sponte for lack of prosecution has generally been 23 considered an 'inherent power'"). As Plaintiff has not filed an amended complaint as required by 24 the Court's June 1, 2015 Order, Plaintiff is ordered to show cause why this case should not be 25 dismissed for failure to prosecute. Plaintiff shall file a written response to this order with 14 days. 26 The Court may dismiss this action if Plaintiff fails to file a written response. If, however, Plaintiff 27 wishes to pursue his claims exclusively in state court, where he has also sued the defendants, 28 Plaintiff may file a voluntary dismissal instead of a response to the order to show cause. 1 The case management conference currently set for August 4, 2015 is CONTINUED to 2 November 3, 2015 at 1:30 p.m. 3 IT IS SO ORDERED. 4 Dated: 07/20/15 __________________________________ 5 KANDIS A. WESTMORE 6 United States Magistrate Judge 7 8 9 10 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