Rodriguez v. Dickenson et al

Filing 12

ORDER to SHOW CAUSE Why Action Should not be Dismissed for Failure to Comply With a Court Order, signed by Magistrate Judge Stanley A. Boone on 4/22/16. Show Cause Response Due Within Fourteen Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS V. RODRIGUEZ, 12 Case No. 1:15-cv-00065-SAB-PC Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH A COURT ORDER v. 13 K. DICKENSON, et al., 14 (ECF NO. 8) Defendants. 15 FOURTEEN DAY DEADLINE 16 Plaintiff Luis V. Rodriguez is appearing pro se and in forma pauperis in this civil rights 17 18 action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction 1 19 pursuant to 28 U.S.C. § 636(c). On January 21, 2016, the Court screened and dismissed Plaintiff’s complaint, with leave 20 21 to amend, for failure to state a cognizable claim. (ECF No. 8.) Plaintiff was directed to file an 22 amended complaint within thirty days from the date of service. (Id.) Plaintiff failed to file an 23 amended complaint, and on March 4, 2016, an order to show cause was entered, directing 24 Plaintiff to show cause why this action should not be dismissed for failure to obey a court order 25 and failure to prosecute. (ECF No. 9.) On March 8, 2016, Plaintiff filed a motion for extension 26 of time in which to file an amended complaint. On March 11, 2016, an order was entered, 27 discharging the order to show cause, and granting Plaintiff a thirty day extension of time in 28 1 Plaintiff filed a consent to proceed before a magistrate judge on February 10, 2015. (ECF No. 4. ) 1 1 which to file an amended complaint. (ECF No. 11.) The thirty day period has expired, and 2 Plaintiff has not filed an amended complaint or otherwise responded to the Court’s order. As a 3 result, there is no pleading on file which sets forth any claims upon which relief may be granted. Accordingly, Plaintiff shall show cause within fourteen (14) days as to why this action 4 5 should not be dismissed. Plaintiff is cautioned that that failure to comply with this order will 6 result in dismissal of this action for failure to comply with a court order and failure to state a 7 cognizable claim upon which relief may be granted. 8 9 10 IT IS SO ORDERED. 11 Dated: April 22, 2016 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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