Cranford v. King et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARCHIE CRANFORD,
Plaintiff,
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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
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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil
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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.
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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
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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
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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
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1 unknown.
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Accordingly, based upon the foregoing and for good cause shown, it is HEREBY
ORDERED that:
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1.
The September 2, 2014 order to show cause (ECF No. 11) is
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DISCHARGED,
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2.
amended complaint, and
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Within thirty (30) days of service of this Order, Plaintiff shall file an
3.
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If Plaintiff fails to file an amended complaint by the above deadline, the
action will be dismissed, with prejudice.
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IT IS SO ORDERED.
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Dated:
September 11, 2014
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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