Kabede v. Pleasant Valley State Prison Warden, et al.
Filing
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ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed, With Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute 34 , signed by Magistrate Judge Barbara A. McAuliffe on 6/12/17: 20-Day Deadline for Show Cause Response . (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WONDIYRAD KABEDE,
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Plaintiff,
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v.
PLEASANT VALLEY STATE PRISON
WARDEN, et al.,
Defendants.
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ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM, FAILURE TO OBEY A
COURT ORDER, AND FAILURE TO
PROSECUTE
(ECF No. 34)
TWENTY (20) DAY DEADLINE
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Case No. 1:15-cv-00635-BAM (PC)
Plaintiff Wondiyrad Kabede (“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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August 13, 2013, in the Northern District of California. On April 24, 2015, the action was
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transferred to this Court. (ECF No. 13.) Plaintiff has consented to magistrate judge jurisdiction.
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(ECF No. 19.)
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On May 3, 2017, the Court dismissed Plaintiff’s second amended complaint with leave to
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amend within thirty (30) days. (ECF No. 34.) The Court expressly warned Plaintiff that the
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failure to file an amended complaint in compliance with the Court’s order would result in this
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action being dismissed, with prejudice, for failure to state a claim and failure to obey a court
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order. (Id. at 7.) The deadline for Plaintiff to file an amended complaint has passed, and he has
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not complied with or otherwise responded to the Court’s order.
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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within
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twenty (20) days of service of this order, why this action should not be dismissed, with prejudice,
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for failure to comply with the Court’s May 3, 2017 order, for failure to state a claim, and for
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failure to prosecute. Plaintiff can comply with this order to show cause by filing a third amended
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complaint. The failure to comply with this order will result in the dismissal of this action,
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with prejudice, for failure to state a claim, failure to obey a court order, and failure to
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prosecute.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 12, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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