Tony Edinbyrd v. Davey et al

Filing 12

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 11 , signed by Magistrate Judge Barbara A. McAuliffe on 12/19/16: 20-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY EDINBYRD,

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Plaintiff,

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v.
DAVE DAVEY, et al.,

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Defendants.

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Case No. 1:15-cv-00529-BAM (PC)
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
(ECF No. 11)
TWENTY (20) DAY DEADLINE

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Plaintiff Tony Edinbyrd (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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6, 2015. (ECF No. 1), and consented to magistrate judge jurisdiction on May 5, 2015 (ECF No.

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5.)

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On November 8, 2016, this Court issued an order directing the Clerk of Court to file

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Plaintiff’s lodged second amended complaint, and issued a screening order dismissing the second

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amended complaint with leave to amend in thirty (30) days. (ECF No. 11.) The Court expressly

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warned Plaintiff that the failure to file an amended complaint in compliance with the Court’s

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order would result in this action being dismissed for failure to obey a court order and failure to

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state a claim. (Id. at p. 7.) The deadline for Plaintiff to file an amended complaint has expired, and

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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 November 8, 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 respond to 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

December 19, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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