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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY R. QUAIR, SR., 12 13 14 15 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., 16 TWENTY (20) DAY DEADLINE 17 18 Plaintiff Sammy R. Quair, Sr. (“Plaintiff”) is a former state prisoner proceeding pro se and 19 in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action 20 on October 16, 2014. (ECF No. 1.) 21 On November 16, 2016, the Court issued a screening order dismissing Plaintiff’s first 22 amended complaint with leave to amend within thirty (30) days. (ECF No. 32.) The Court 23 expressly warned Plaintiff that the failure to file an amended complaint in compliance with the 24 Court’s order would result in this action being dismissed for failure to obey a court order and 25 failure to state a claim. (Id. at 6.) The deadline for Plaintiff to file an amended complaint has 26 expired, and he has not complied with or otherwise responded to the Court’s order. 27 28 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 1 1 Plaintiff’s failure to comply with the Court’s November 16, 2016 order, for failure to state a 2 claim, and for failure to prosecute. Plaintiff can comply with this order to show cause by filing a 3 second amended complaint. The failure to respond to this order will result in the dismissal of 4 this action, with prejudice, for failure to state a claim, failure to obey a court order, and 5 failure to prosecute. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara January 3, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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