Valencia v. Kokor

Filing 50

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Follow Court Order signed by Magistrate Judge Dennis L. Beck on 7/31/2015. Show Cause Response due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,

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v.
WINFRED KOKOR,

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Case No. 1:13-cv-01391-LJO-DLB PC
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO FOLLOW COURT ORDER
TWENTY-ONE DAY DEADLINE

Defendant.

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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2013. He

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filed a supplemental complaint on May 24, 2014.
On October 28, 2014, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil

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Procedure 12(b)(6). The Court granted the motion on April 20, 2015, and ordered Plaintiff to file an

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amended complaint within thirty (30) days of the date of service of the order.

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On May 18, 2015, Plaintiff filed a request for a sixty (60) day extension of time. The Court

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granted the extension on May 20, 2015. The Court also explained further extensions would only be

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granted for exceptional circumstances. Over sixty (60) days have passed and Plaintiff has not filed

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an amended complaint or otherwise contacted the Court.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why this action should not be

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dismissed for failure to follow the Court’s order. Plaintiff must file a response to this order within

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twenty-one (21) days of the date of service. Plaintiff may also respond to this order to show cause

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by filing an amended complaint pursuant to the Court’s April 20, 2015, order.

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Failure to file a response, or an amended complaint, will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 31, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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