Omar Ageel v. R.C. Johnson ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 OMAR AGEEL, ) No. CV 20-10093-JWH (AGR) ) 12 Plaintiff, ) ) ORDER TO SHOW CAUSE WHY THIS 13 v. ) ACTION SHOULD NOT BE DISMISSED ) WITHOUT PREJUDICE FOR FAILURE 14 R.C. JOHNSON, Warden, et al., ) TO FILE FIRST AMENDED COMPLAINT ) 15 ) Defendants. ) 16 ) 17 18 19 For the reasons discussed below, the court orders Plaintiff to show cause in 20 writing, on or before May 6, 2024, why this Court should not recommend dismissal 21 without prejudice of this action for failure to file a First Amended Complaint. The filing of 22 a First Amended Complaint on or before May 6, 2024, shall be sufficient to discharge 23 this order to show cause. 24 The District Court issued an Order Accepting the Findings and Recommendation in the 25 Report and Recommendation (“Report”) issued on Defendants’ motion for summary judgment. 26 (Dkt. No. 35.) The Report recommended that the District Court grant Defendants’ motion for 27 summary judgment on the ground that Plaintiff had failed to exhaust his remedies before filing 28 1 In general, dismissal without prejudice is appropriate when a prisoner files a civil rights 2] lawsuit before exhausting his remedies. Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006). 4 The District Court’s Order observed that, after issuance of the Report, the Ninth Circuit 5|| issued a decision in Saddozai v. Davis, 35 F.4th 705 (9th Cir. 2022). That decision indicated that dismissal of an amended complaint after the exhaustion requirement was satisfied or no longer applied would not be appropriate. /d. at 708-10. 8 Because Plaintiff indicated that he exhausted his remedies after the filing of the 9] complaint, the District Court granted Plaintiff leave to file a First Amended Complaint within 30 10 | days after entry of the Order on September 28, 2022. (Dkt. No. 43.) The First Amended 11 | Complaint should state all of Plaintiff's claims and add facts regarding exhaustion. 12 Plaintiff did not file a timely First Amended Complaint. 13 ORDER TO SHOW CAUSE 14 IT IS THEREFORE ORDERED that, on or before May 6, 2024, Plaintiff shall 15 | show cause, if there be any, in writing why this Court should not recommend dismissal 16 | without prejudice of this action for failure to file a timely First Amended Complaint. 17 The filing of a First Amended Complaint on or before May 6, 2024, shall be 18 sufficient to discharge this order to show cause. The Clerk is DIRECTED to send a blank civil rights complaint form to Plaintiff and, for reference, Dkt. No. 1. 20 If Plaintiff does not file a First Amended Complaint by May 6, 2024, or 21|| otherwise respond in writing to this Order to Show Cause by May 6, 2024, the court may recommend that this action be dismissed without prejudice. 23 Wbias A Keenhg, DATED: April 4, 2024 ALICIA G. ROSENBERG 26 United States Magistrate Judge 27 28