Young v. Biter et al

Filing 34

ORDER DISCHARGING 32 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 signed by Magistrate Judge Barbara A. McAuliffe on 2/15/2017. (Sant Agata, S)

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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. 32)

v.

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ORDER DISCHARGING 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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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.)
On December 9, 2016, the Court issued an order dismissing Plaintiff’s second amended

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complaint with leave to amend within thirty (30) days. (ECF No. 31.) Plaintiff failed to file an

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amended complaint. Therefore, on January 20, 2017, the Court issued an order for Plaintiff to

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show cause why this action should not be dismissed for failure to state a claim, failure to obey a

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court order, and failure to prosecute. (ECF No. 32.) The Court informed Plaintiff that he could

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comply with the order to show cause by filing a third amended complaint. (Id. at 2.) On February

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13, 2017, Plaintiff filed a third amended complaint. (ECF No. 33.)

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Based on Plaintiff’s filing his third amended complaint, the Court finds good cause to

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discharge the January 20, 2017 order. Accordingly, the Court’s January 20, 2017 order to show

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cause is HEREBY DISCHARGED. The Court advises Plaintiff that his third amended complaint

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will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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