Cranford v. King et al

Filing 13

ORDER DISCHARGING 11 Order to Show Cause and Extending Time to File Amended Pleading, signed by Magistrate Judge Michael J. Seng on 9/11/2014. Amended Complaint due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE CRANFORD, Plaintiff, 12 13 14 15 v. AUDREY KING, et al., Defendants. Case No. 1:14-cv-01002-MJS (PC) ORDER (1) DISCHARGING ORDER TO SHOW CAUSE, and (2) EXTENDING TIME TO FILE AMENDED PLEADING (ECF Nos. 8 & 12) AMENDED PLEADING DUE IN THIRTY DAYS 16 17 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil 18 19 rights action pursuant to 42 U.S.C. § 1983. The Complaint was dismissed for failure to 20 state a claim. Plaintiff was granted leave to file an amended complaint by not later than 21 August 18, 2014. 22 The August 18, 2014 deadline passed without Plaintiff either filing an amended 23 pleading or seeking an extension of time to do so. On September 2, 2014, Plaintiff was 24 25 ordered to either show cause why the action should not be dismissed for failure to comply with the Court’s order and failure to prosecute, or file an amended complaint. On 26 27 September 10, 2014, Plaintiff responded, alleging the amended pleading he deposited 28 in institutional mail on August 17, 2014 was not delivered to the Court for reasons 1 1 unknown. 2 3 Accordingly, based upon the foregoing and for good cause shown, it is HEREBY ORDERED that: 4 1. The September 2, 2014 order to show cause (ECF No. 11) is 5 DISCHARGED, 6 7 2. amended complaint, and 8 9 Within thirty (30) days of service of this Order, Plaintiff shall file an 3. 10 If Plaintiff fails to file an amended complaint by the above deadline, the action will be dismissed, with prejudice. 11 12 IT IS SO ORDERED. 13 14 Dated: September 11, 2014 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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