Rodgers v. Bowen et al

Filing 11

ORDER to SHOW CAUSE Why THis Case Should Not Be Dismissed, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted 8 , signed by Magistrate Judge Erica P. Grosjean on 6/13/16: Response Due Within Thirty Days. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUSSELL RODGERS,

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Plaintiff,
vs.
M. BOWEN, et al.,
Defendants.

1:15-cv-00128-EPG-PC
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM UPON WHICH RELIEF
MAY BE GRANTED
(ECF No. 8.)
RESPONSE DUE WITHIN THIRTY
DAYS

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Russell Rodgers (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing

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this action on January 28, 2015. (ECF No. 1.)

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On February 19, 2015, Plaintiff consented to Magistrate Judge jurisdiction pursuant to

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28 U.S.C. ' 636(c), and no other parties have made an appearance. (ECF No. 7.) Therefore,

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pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of California, the

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undersigned shall conduct any and all proceedings in the case until such time as reassignment

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to a District Judge is required. Local Rule Appendix A(k)(3).

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On February 19, 2015, Plaintiff voluntarily filed a First Amended Complaint. (ECF No.

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8.) On April 1, 2016, the Court dismissed Plaintiff=s First Amended Complaint for failure to

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state a claim, with leave to file a Second Amended Complaint within thirty days. (ECF No.
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10.) 28 U.S.C. ' 1915A; 28 U.S.C. ' 1915(e). To date, Plaintiff has not complied with or

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otherwise responded to the Court=s order. As a result, there is no pleading on file which sets

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forth any claims upon which relief may be granted.

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ORDER TO SHOW CAUSE

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Within thirty days of the date of service of this order, Plaintiff is required to

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respond to this order, showing cause why this case should not be dismissed, with prejudice, for

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failure to state a claim; and

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2.

Plaintiff’s failure to respond to this order shall result in the dismissal of this

case, with prejudice, for failure to state a claim.

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IT IS SO ORDERED.
Dated:

June 13, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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