Schmidt v. Rodrigues et al

Filing 12

ORDER To SHOW CAUSE Why Action Should Not Be Dismissed For Failure To Prosecute And Comply With A Court Order (ECF No. 11 ), signed by Magistrate Judge Stanley A. Boone on 12/9/2014. Show Cause Response due by 1/13/2015. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK SCHMIDT, 12 Plaintiff, 13 14 v. RODRIGUES, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-01092-SAB (PC) ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND COMPLY WITH A COURT ORDER [ECF No. 11] Plaintiff Mark Schmidt is appearing pro se and in forma pauperis in this civil rights action 17 18 pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of 19 the United States Magistrate Judge on July 28, 2014. Local Rule 302. 20 On October 24, 2014, the undersigned screened Plaintiff’s complaint pursuant to 28 U.S.C. § 21 1915A(a). Plaintiff was directed to file an amended complaint within thirty days or the action would 22 be dismissed, with prejudice, for failure to state a cognizable claim for relief. (ECF No. 11.) To date, 23 Plaintiff has failed to comply with the court order. 24 /// 25 /// 26 /// 27 /// 28 /// 1 Accordingly, Plaintiff is HEREBY ORDERED to show cause within thirty (30) days from the 1 2 date of service of this order why this action should not be dismissed as a sanction against him for 3 failing to obey a court order and failing to prosecute this action. The failure to comply with this order, 4 or the failure to show good cause, will result in dismissal of the action. 5 6 7 IT IS SO ORDERED. 8 Dated: 9 December 9, 2014 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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