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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOWARD ALLEN YOUNG,

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Case No. 1:14-cv-01942-BAM (PC)

Plaintiff,

Defendants.

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(ECF No. 31)

v.

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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.,

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TWENTY (20) DAY DEADLINE

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Plaintiff Howard Allen Young (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on

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December 5, 2014. (ECF No. 1.) Plaintiff consented to magistrate judge jurisdiction on January 5,

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2015. (ECF No. 6.)
On December 9, 2016, the Court issued a screening order dismissing Plaintiff’s second

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amended complaint with leave to amend within thirty (30) days. (ECF No. 31.) The Court

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expressly warned Plaintiff that the failure to file an amended complaint in compliance with the

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Court’s order would result in this action being dismissed for failure to state a claim and failure to

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obey a court order. (Id., p. 10.) The deadline for Plaintiff to file an amended complaint has

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expired, and he has not complied with or otherwise responded to the Court’s order.

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Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing,

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

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Plaintiff’s failure to comply with the Court’s December 9, 2016 order, for failure to state a claim,

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and for failure to prosecute. Plaintiff can comply with this order to show cause by filing a third

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amended complaint. The failure to comply with this order will result in the dismissal of this

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action, with prejudice, for failure to state a claim, failure to obey a court order, and failure

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to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 19, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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