Kabede v. Pleasant Valley State Prison Warden, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PLEASANT VALLEY STATE PRISON
WARDEN, et al.,
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
(ECF No. 34)
TWENTY (20) DAY DEADLINE
Case No. 1:15-cv-00635-BAM (PC)
Plaintiff Wondiyrad Kabede (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on
August 13, 2013, in the Northern District of California. On April 24, 2015, the action was
transferred to this Court. (ECF No. 13.) Plaintiff has consented to magistrate judge jurisdiction.
(ECF No. 19.)
On May 3, 2017, the Court dismissed Plaintiff’s second amended complaint with leave to
amend within thirty (30) days. (ECF No. 34.) The Court expressly warned Plaintiff that the
failure to file an amended complaint in compliance with the Court’s order would result in this
action being dismissed, with prejudice, for failure to state a claim and failure to obey a court
order. (Id. at 7.) The deadline for Plaintiff to file an amended complaint has passed, and he has
not complied with or otherwise responded to the Court’s order.
Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within
twenty (20) days of service of this order, why this action should not be dismissed, with prejudice,
for failure to comply with the Court’s May 3, 2017 order, for failure to state a claim, and for
failure to prosecute. Plaintiff can comply with this order to show cause by filing a third amended
complaint. The failure to comply with this order will result in the dismissal of this action,
with prejudice, for failure to state a claim, failure to obey a court order, and failure to
IT IS SO ORDERED.
June 12, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?