Whitley v. Lopez et al

Filing 11

ORDER signed by Magistrate Judge Michael J. Seng on 4/19/2012 discharging 9 Order to Show Cause. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID E. WHITLEY,

CASE NO.

1:10-cv-1499-MJS (PC)

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Plaintiff,

ORDER DISCHARGING ORDER TO
SHOW CAUSE WHY CASE SHOULD NOT
BE DISMISSED FOR FAILURE TO COMPLY
WITH COURT ORDER

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v.
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DR. LOPEZ, et al.

(ECF No. 9)

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Defendants.
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/
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Plaintiff David E. Whitley (“Plaintiff”), a state prisoner proceeding pro se, filed this
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civil rights action pursuant to 42 U.S.C. § 1983 on June 8, 2009. Plaintiff has consented
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to the Magistrate Judge handling all matters in this action. (ECF No. 5.)
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On October 25, 2011, the Court filed an order, dismissing Plaintiff’s complaint with
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leave to amend. (ECF No. 8.) Plaintiff’s amended complaint was due on November 28,
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2011. (Id.) After this deadline passed without Plaintiff complying with or responding to the
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Court’s order, the Court on December 19, 2011 ordered Plaintiff to show cause within thirty
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days why his action should not be dismissed. (ECF No. 9.) Plaintiff filed a response on
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January 13, 2012. (ECF No. 10.) The Court has considered the merits of Plaintiff’s
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response and, based on Plaintiff’s representations therein, will discharge the order to show
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cause.
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Accordingly, it is hereby ORDERED that the order to show cause, filed December
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19, 2011, is DISCHARGED.

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IT IS SO ORDERED.

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Dated:
ci4d6

April 19, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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