Tony Edinbyrd v. Davey et al

Filing 14

ORDER Discharging 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, signed by Magistrate Judge Barbara A. McAuliffe on 1/13/17. (Gonzalez, R)

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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,
v.
DAVE DAVEY, et al.,
Defendants.

Case No. 1:15-cv-00529-BAM (PC)
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
(ECF Nos. 12, 13)

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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 has consented to magistrate judge jurisdiction. (ECF No. 5.)

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On November 8, 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. 11.) Plaintiff failed to file an

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amended complaint. Therefore, on December 19, 2016, the Court issued an order to show cause

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why this action should not be dismissed for failure to state a claim, failure to obey a court order,

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and failure to prosecute. (ECF No. 12.) The Court informed Plaintiff that he could comply with

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the order to show cause by filing a third amended complaint. (Id., p. 2.) On January 12, 2017,

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Plaintiff filed a third amended complaint.

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Based on Plaintiff filing his third amended complaint, the Court finds good cause to
discharge the December 19, 2016 order. Accordingly, the Court’s December 19, 2016 order to
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show cause is HEREBY DISCHARGED. The Court advises Plaintiff that his third amended

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complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 13, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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