Atkins v. Adams, et al.

Filing 27

ORDER to SHOW CAUSE why the Action Should not be Dismissed for Failure to Prosecute signed by Magistrate Judge Jennifer L. Thurston on 01/18/2012. Show Cause Response due by 2/3/2012. (Flores, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 EDDIE JAMES OTIS ATKINS, ) ) Plaintiff, ) v. ) ) ) DERMAL G. ADAMS, et al., ) ) Defendants. ) _______________________________________ ) Case No.: 1:10-cv-00755 JLT ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action. On 17 18 August 3, 2011, the Court dismissed Plaintiff’s Second Amended Complaint with leave to amend. 19 (Doc. 24) On September 6, 2011, the Court granted Plaintiff’s request for a 30-day extension of time 20 to file his Third Amended Complaint. (Doc. 26) As a result, Plaintiff’s Third Amended Complaint 21 was due to be filed no later than October 11, 2011. However, Plaintiff has not filed the complaint. 22 Therefore, no later than February 3, 2012, Plaintiff is ordered to show cause why the matter 23 should not be dismissed based upon his failure to prosecute this action. Plaintiff’s failure to respond 24 and show good cause for his failure to prosecute this action shall result in an order dismissing this 25 case. 26 IT IS SO ORDERED. 27 Dated: January 18, 2012 9j7khi 28 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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