Freibaum v. Holland, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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)
TWENTY (20) DAY DEADLINE
Plaintiff Alan Freibuam (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action. Plaintiff has consented to magistrate judge jurisdiction. (ECF
On September 19, 2017, the Court issued an order granting in part and denying in part
Plaintiff’s motion to name defendants John Doe #1 and John Doe #2. (ECF No. 39.) Plaintiff
was directed to file, within thirty (30) days from the date of service of that order, a third amended
complaint identifying Defendant John Doe #1 as L. Briones. The Court expressly warned
Plaintiff that the failure to file an amended complaint in compliance with the Court’s order would
result in this action being dismissed for failure to obey a court order. (Id. at 6.) The deadline for
Plaintiff to file an amended complaint has passed, and he has not complied with the Court’s order
or otherwise communicated with the Court.
Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within
twenty (20) days of service of this order, why this action should not be dismissed for failure to
comply with the Court’s September 19, 2017 order and failure to prosecute. Plaintiff can comply
with this order to show cause by filing a third amended complaint identifying Defendant John
Doe #1. The failure to comply with this order will result in the dismissal of this action for
failure to obey a court order and failure to prosecute.
IT IS SO ORDERED.
October 30, 2017
UNITED STATES MAGISTRATE JUDGE
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