Warner v. Cate et al

Filing 11

ORDER Discharging Order To Show Cause (ECF No. 9 ), signed by Magistrate Judge Michael J. Seng on 5/10/2013. (Fahrney, E)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT FOR THE

9

EASTERN DISTRICT OF CALIFORNIA

10
11

EARL WARNER,

CASE No. 1:12-cv-01146-MJS (PC)
ORDER DISCHARGING ORDER TO
SHOW CAUSE

12
Plaintiff,
13
vs.

(ECF No. 9)

14
15

MATTHEW L. CATE, et al.,

16
Defendants.
17
_____________________________/
18
Plaintiff Earl Warner is a state prisoner proceeding pro se and in forma
19
pauperis in this civil rights action filed July 12, 2012 pursuant to 42 U.S.C. § 1983.
20
(ECF No. 1.)
21
Plaintiff’s Complaint was dismissed for failure to state a claim, but he was given
22
leave to file an amended pleading provided he did so by not later than April 2, 2013.
23
(ECF No. 8.) The April 2nd deadline passed without Plaintiff filing an amended
24
pleading or requesting an extension of time to do so. The Court then ordered Plaintiff
25
either to file a first amended complaint or show cause why his case should not be
26
dismissed for failure to prosecute. (ECF No. 9.) Plaintiff filed a First Amended
27
28

-1-

1

Complaint on May 10, 2013. (ECF No. 10.)
Accordingly, the Order to show cause (ECF No. 9) is hereby DISCHARGED.

2
3
4
5
6
7

IT IS SO ORDERED.

8

Dated:
12eob4

May 10, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-