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, signed by Magistrate Judge Barbara A. McAuliffe on 8/11/17. Show Cause Response Due Within Fourteen Days. (Marrujo, C)
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. 37)
FOURTEEN (14) 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.) Plaintiff failed to comply with the Court’s order. Therefore, on June 12, 2017,
the Court issued an order to show cause why this action should not be dismissed based on
Plaintiff’s failure to comply with the Cout’s May 3, 2017 order, for failure to state a claim, and
for failure to prosecute. (ECF No. 35.)
On June 26, 2017, Plaintiff filed a motion, addressed to the Clerk of the Court, requesting
a stay of proceedings or the appointment of counsel due to recent medical issues. (ECF No. 36.)
The Court denied Plaintiff’s motion for stay of proceedings and for appointment of counsel
without prejudice, but found it appropriate to discharge the order to show cause and to grant
Plaintiff thirty (30) days from June 30, 2017, to file an amended complaint. (ECF No. 37.)
Plaintiff was warned that if he failed to file an amended complaint in compliance with the Court’s
order, the Court would dismiss this action, with prejudice, for failure to state a claim and failure
to obey a court order. (ECF No. 37, p. 3.) 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
fourteen (14) days of the date of service of this order, why this action should not be dismissed,
with prejudice, for failure to comply with the Court’s June 30, 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 prosecute.
IT IS SO ORDERED.
August 11, 2017
UNITED STATES MAGISTRATE JUDGE
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