Young v. Biter et al

Filing 32

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 1/19/2017. Show Cause Response due within 20-Days.(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HOWARD ALLEN YOUNG, 12 Case No. 1:14-cv-01942-BAM (PC) Plaintiff, Defendants. 13 (ECF No. 31) v. 14 ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE M. D. Biter, et al., 15 16 TWENTY (20) DAY DEADLINE 17 Plaintiff Howard Allen Young (“Plaintiff”) is a state prisoner proceeding pro se and in 18 19 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on 20 December 5, 2014. (ECF No. 1.) Plaintiff consented to magistrate judge jurisdiction on January 5, 21 2015. (ECF No. 6.) On December 9, 2016, the Court issued a screening order dismissing Plaintiff’s second 22 23 amended complaint with leave to amend within thirty (30) days. (ECF No. 31.) The Court 24 expressly warned Plaintiff that the failure to file an amended complaint in compliance with the 25 Court’s order would result in this action being dismissed for failure to state a claim and failure to 26 obey a court order. (Id., p. 10.) The deadline for Plaintiff to file an amended complaint has 27 expired, and he has not complied with or otherwise responded to the Court’s order. 28 /// 1 1 Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing, 2 within twenty (20) days of service of this order, why this action should not be dismissed for 3 Plaintiff’s failure to comply with the Court’s December 9, 2016 order, for failure to state a claim, 4 and for failure to prosecute. Plaintiff can comply with this order to show cause by filing a third 5 amended complaint. The failure to comply with this order will result in the dismissal of this 6 action, with prejudice, for failure to state a claim, failure to obey a court order, and failure 7 to prosecute. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara January 19, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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