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

Filing 38

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)

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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. 37) FOURTEEN (14) 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.) Plaintiff failed to comply with the Court’s order. Therefore, on June 12, 2017, 28 the Court issued an order to show cause why this action should not be dismissed based on 1 1 Plaintiff’s failure to comply with the Cout’s May 3, 2017 order, for failure to state a claim, and 2 for failure to prosecute. (ECF No. 35.) 3 On June 26, 2017, Plaintiff filed a motion, addressed to the Clerk of the Court, requesting 4 a stay of proceedings or the appointment of counsel due to recent medical issues. (ECF No. 36.) 5 The Court denied Plaintiff’s motion for stay of proceedings and for appointment of counsel 6 without prejudice, but found it appropriate to discharge the order to show cause and to grant 7 Plaintiff thirty (30) days from June 30, 2017, to file an amended complaint. (ECF No. 37.) 8 Plaintiff was warned that if he failed to file an amended complaint in compliance with the Court’s 9 order, the Court would dismiss this action, with prejudice, for failure to state a claim and failure 10 to obey a court order. (ECF No. 37, p. 3.) The deadline for Plaintiff to file an amended 11 complaint has passed, and he has not complied with or otherwise responded to the Court’s order. 12 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within 13 fourteen (14) days of the date of service of this order, why this action should not be dismissed, 14 with prejudice, for failure to comply with the Court’s June 30, 2017 order, for failure to state a 15 claim, and for failure to prosecute. Plaintiff can comply with this order to show cause by filing a 16 third amended complaint. The failure to comply with this order will result in the dismissal of 17 this action, with prejudice, for failure to state a claim, failure to obey a court order, and 18 failure to prosecute. 19 20 21 IT IS SO ORDERED. Dated: /s/ Barbara August 11, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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