Freibaum v. Holland, et al.

Filing 45

ORDER to SHOW CAUSE why this Action Should Not be Dismissed for Failure to Obey a Court Order and Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 10/30/17. Show Cause Response Due Within Twenty Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALAN FREIBAUM, 12 Plaintiff, 13 14 v. Case No. 1:14-cv-01832-BAM (PC) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO OBEY A COURT ORDER AND FAILURE TO PROSECUTE K. HOLLAND, et al., (ECF No. 39) 15 Defendants. TWENTY (20) DAY DEADLINE 16 Plaintiff Alan Freibuam (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action. Plaintiff has consented to magistrate judge jurisdiction. (ECF 19 No. 7.) 20 On September 19, 2017, the Court issued an order granting in part and denying in part 21 Plaintiff’s motion to name defendants John Doe #1 and John Doe #2. (ECF No. 39.) Plaintiff 22 was directed to file, within thirty (30) days from the date of service of that order, a third amended 23 complaint identifying Defendant John Doe #1 as L. Briones. The Court expressly warned 24 Plaintiff that the failure to file an amended complaint in compliance with the Court’s order would 25 result in this action being dismissed for failure to obey a court order. (Id. at 6.) The deadline for 26 Plaintiff to file an amended complaint has passed, and he has not complied with the Court’s order 27 or otherwise communicated with the Court. 28 /// 1 1 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within 2 twenty (20) days of service of this order, why this action should not be dismissed for failure to 3 comply with the Court’s September 19, 2017 order and failure to prosecute. Plaintiff can comply 4 with this order to show cause by filing a third amended complaint identifying Defendant John 5 Doe #1. The failure to comply with this order will result in the dismissal of this action for 6 failure to obey a court order and failure to prosecute. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara October 30, 2017 A. McAuliffe _ 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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