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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALAN FREIBAUM,

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Plaintiff,

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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)

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Defendants.
TWENTY (20) DAY DEADLINE

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Plaintiff Alan Freibuam (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff has consented to magistrate judge jurisdiction. (ECF

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No. 7.)

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On September 19, 2017, the Court issued an order granting in part and denying in part

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Plaintiff’s motion to name defendants John Doe #1 and John Doe #2. (ECF No. 39.) Plaintiff

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was directed to file, within thirty (30) days from the date of service of that order, a third amended

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complaint identifying Defendant John Doe #1 as L. Briones. The Court expressly warned

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Plaintiff that the failure to file an amended complaint in compliance with the Court’s order would

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result in this action being dismissed for failure to obey a court order. (Id. at 6.) The deadline for

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Plaintiff to file an amended complaint has passed, and he has not complied with the Court’s order

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or otherwise communicated with the Court.

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within

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twenty (20) days of service of this order, why this action should not be dismissed for failure to

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comply with the Court’s September 19, 2017 order and failure to prosecute. Plaintiff can comply

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with this order to show cause by filing a third amended complaint identifying Defendant John

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Doe #1. The failure to comply with this order will result in the dismissal of this action for

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failure to obey a court order and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 30, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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