Quair, Sr. v. Vento et al

Filing 33

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Obey a Court Order, Failure to State a Claim, and Failure to Prosecute 32 , signed by Magistrate Judge Barbara A. McAuliffe on 1/3/17: 20-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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Case No. 1:14-cv-01616-AWI-BAM (PC)

Plaintiff,

ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO OBEY A COURT
ORDER, FAILURE TO STATE A CLAIM,
AND FAILURE TO PROSECUTE

Defendants.

(ECF No. 32)

v.
VENTO, et al.,

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TWENTY (20) DAY DEADLINE

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Plaintiff Sammy R. Quair, Sr. (“Plaintiff”) is a former state prisoner proceeding pro se and

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in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action

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on October 16, 2014. (ECF No. 1.)

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On November 16, 2016, the Court issued a screening order dismissing Plaintiff’s first

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amended complaint with leave to amend within thirty (30) days. (ECF No. 32.) The Court

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expressly warned Plaintiff that the failure to file an amended complaint in compliance with the

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Court’s order would result in this action being dismissed for failure to obey a court order and

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failure to state a claim. (Id. at 6.) The deadline for Plaintiff to file an amended complaint has

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expired, and he has not complied with or otherwise responded to the Court’s order.

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Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing,
within twenty (20) days of service of this order, why this action should not be dismissed for
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Plaintiff’s failure to comply with the Court’s November 16, 2016 order, for failure to state a

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claim, and for failure to prosecute. Plaintiff can comply with this order to show cause by filing a

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second amended complaint. The failure to respond to this order will result in the dismissal of

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this action, with prejudice, for failure to state a claim, failure to obey a court order, and

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failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 3, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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