Clifford P. Smith v. Brown et al

Filing 12

ORDER to SHOW CAUSE Why the Action Should Not Be Dismissed for Failure to Prosecute This Action and for Failure to Obey the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 4/30/2012. Show Cause Response due within fourteen (14) days. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-00238 AWI JLT (PC)

CLIFFORD P. SMITH,

ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE THIS
ACTION AND FOR FAILURE TO OBEY
THE COURT’S ORDER

Plaintiff,
vs.

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JERRY BROWN, et al.,
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(Doc. 9)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights
action pursuant to 42 U.S.C. § 1983. By order signed February 29, 2012, the Court instructed
Plaintiff that if he elected to file an amended complaint, he should do so within thirty days of the
date of service of the order. (Doc. 4.) On March 28, 2012, Plaintiff filed a motion for an

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extension of time to file an amended complaint due to a pending transfer. (Doc. 8.) The Court
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granted Plaintiff’s request on March 30, 2012 and allowed him an additional 30 days to file an

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amended complaint. Despite this, Plaintiff has failed to file his First Amended Complaint within
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the time ordered by the Court.
Accordingly, it is HEREBY ORDERED that within 14 days from the date of this order,
Plaintiff shall show cause in writing why this action should not be dismissed for failure to

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prosecute or follow the Court’s Order. Alternatively, within 14 days, Plaintiff shall file his First

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Amended Complaint curing the deficiencies identified by the Court in its March 1, 2012 order.

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(Doc. 4). Plaintiff is firmly cautioned that failure to comply with this order will result in a

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recommendation that this action be dismissed.

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IT IS SO ORDERED.

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Dated:

April 30, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

9j7khijed

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