Coston v. Clark et al

Filing 17

ORDER Discharging Order to Show Cause 15 , signed by Magistrate Judge Michael J. Seng on 5/18/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MURPHY COSTON,

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Plaintiff,

CASE NO. 1:14-cv-00148-MJS (PC)
ORDER DISCHARGING
SHOW CAUSE

ORDER

TO

v.
(ECF No. 15)
E. CLARK, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. On March 31, 2015, Plaintiff’s first
amended complaint was dismissed for failure to state a claim, but he was given leave to
file a second amended complaint. (ECF No. 14.) The thirty day deadline passed without
Plaintiff either filing an amended pleading or seeking an extension of time to do so.
On May 15, 2015, the Court ordered Plaintiff to show cause within fourteen days
why the action should not be dismissed with prejudice for failure to obey a court order
and failure to prosecute. (ECF No. 15.) Almost simultaneously with the order to show
cause, Plaintiff’s second amended complaint (ECF No. 14), dated April 24, 2015, was
docketed.
Based on Plaintiff’s timely submission of the second amended complaint, the

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order to show cause (ECF No. 15), filed May 15, 2015, is HEREBY DISCHARGED.

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IT IS SO ORDERED.
Dated:

May 18, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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