Rodriguez v. Isaac et al

Filing 30

ORDER DISCHARGING Order to Show Cause 27 , signed by Magistrate Judge Michael J. Seng on 5/17/12. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NOEL RODRIGUEZ,

1:09-CV-01784-AWI-MJS (PC)

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Plaintiff,
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v.

ORDER DISCHARGING ORDER TO
SHOW CAUSE
(ECF NO. 27)

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ISAAC, et al.,
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Defendants.

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________________________________/
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On October 9, 2009, Plaintiff Noel Rodriguez, a state prisoner proceeding pro se
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and in forma pauperis filed this civil rights action pursuant to 42 U.S.C. § 1983. (Compl.,
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ECF No. 1.)
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The Court screened and dismissed the Complaint for failure to state a
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claim (Order Dismiss Compl., ECF No. 21), and then did the same with regard to the First
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Amended Complaint on the same ground. (Order Dismiss First Am. Compl., ECF No. 23.)
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Plaintiff filed a Second Amended Complaint (Second Am. Compl., ECF No. 24), but
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prior to its being screened, requested leave of the Court to file a third amended complaint
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(Mot. Leave File Am. Compl., ECF No. 25). The Court granted this motion on condition
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that Plaintiff file his third amended complaint by March 30, 2012. (Order Granting Mot.,
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ECF No. 26.) Plaintiff did not file an amended complaint or request an extension by the

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March 30, 2012 deadline.

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The Court, on April 26, 2012 issued an Order to Show Cause requiring that, by not

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later than May 11, 2012, Plaintiff either file an amended complaint or show cause why his

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case should not be dismissed for failure to comply with a court order and failure to state

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a claim. (Order to Show Cause, ECF No. 27.)

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On May 15, 2012, Plaintiff filed a Response to Order to Show Cause (Resp. to

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Order to Show Cause, ECF No. 28) and a Third Amended Complaint. (Third Am. Compl.,

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ECF No. 29.)
Accordingly, for good cause shown IT IS HEREBY ORDERED that the April 26,

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2012 Order to Show Cause (ECF No. 27) is discharged.

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IT IS SO ORDERED.

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Dated:
ci4d6

May 17, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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