Kabede v. Pleasant Valley State Prison Warden, et al.

Filing 35

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WONDIYRAD KABEDE, 12 Plaintiff, 13 14 15 v. PLEASANT VALLEY STATE PRISON WARDEN, et al., Defendants. 16 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 17 18 Case No. 1:15-cv-00635-BAM (PC) Plaintiff Wondiyrad Kabede (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on 20 August 13, 2013, in the Northern District of California. On April 24, 2015, the action was 21 transferred to this Court. (ECF No. 13.) Plaintiff has consented to magistrate judge jurisdiction. 22 (ECF No. 19.) 23 On May 3, 2017, the Court dismissed Plaintiff’s second amended complaint with leave to 24 amend within thirty (30) days. (ECF No. 34.) The Court expressly warned Plaintiff that the 25 failure to file an amended complaint in compliance with the Court’s order would result in this 26 action being dismissed, with prejudice, for failure to state a claim and failure to obey a court 27 order. (Id. at 7.) The deadline for Plaintiff to file an amended complaint has passed, and he has 28 not complied with or otherwise responded to the Court’s order. 1 1 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within 2 twenty (20) days of service of this order, why this action should not be dismissed, with prejudice, 3 for failure to comply with the Court’s May 3, 2017 order, for failure to state a claim, and for 4 failure to prosecute. Plaintiff can comply with this order to show cause by filing a third amended 5 complaint. The failure to comply with this order will result in the dismissal of this action, 6 with prejudice, for failure to state a claim, failure to obey a court order, and failure to 7 prosecute. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara June 12, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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