Dews v. County of Kern et al

Filing 20

ORDER Discharging Order to Show Cause why Case Should not be Dismissed for Failure to Comply with Court Order signed by Magistrate Judge Michael J. Seng on 10/24/2012. (Flores, E)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 CLARENCE LEON DEWS, 13 Plaintiff, 14 v. 15 1:12-cv-0245-AWI-MJS (PC) ORDER DISCHARGING ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER COUNTY OF KERN, et al., (ECF No. 15) 16 17 Defendants. _____________________________/ 18 Plaintiff Clarence Leon Dews (“Plaintiff”), a state prisoner proceeding pro se, filed 19 this civil rights action pursuant to 42 U.S.C. § 1983 on February 21, 2012. 20 On July 16, 2012, the Court filed an order dismissing Plaintiff’s Complaint with leave 21 to amend. (ECF No. 13.) Plaintiff’s amended complaint was due on August 20, 2012. (Id.) 22 After this deadline passed without Plaintiff complying with or responding to the Court’s 23 order, the Court on September 13, 2012, ordered Plaintiff to show cause by October 1, 24 2012 why the action should not be dismissed. (ECF No. 15.) Plaintiff filed his First 25 Amended Complaint on October 12, 2012. (ECF No. 18.) Although Plaintiff’s response 26 was untimely, the Court considered its merits and, based on Plaintiff’s representations 27 therein, will discharge the order to show cause. 28 1 Accordingly, it is hereby ORDERED that the order to show cause, filed September 1 2 13, 2012, is DISCHARGED. 3 4 IT IS SO ORDERED. 5 Dated: ci4d6 October 24, 2012 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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