Ricks v. Kamena et al
ORDER to SHOW CAUSE why this Action Should not be Dismissed for Failure to Obey a Court Order and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 06/05/2017. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SCOTT K. RICKS,
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO OBEY A COURT ORDER
AND FAILURE TO PROSECUTE
C. KAMENA, et al.,
TWENTY-ONE (21) DAY DEADLINE
Case No. 1:15-cv-00715-BAM (PC)
Plaintiff Scott K. Ricks (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action under 42 U.S.C. § 1983. On August 5, 2016, the Court
screened Plaintiff’s complaint and found that he had stated cognizable claims under the Eighth
Amendment against Defendant Kamena for the failure to protect him from his cellmate’s attack
on January 13, 2014, and for deliberate indifference to his serious medical need following the
attack. (ECF No. 18.)
On February 24, 2017, Plaintiff filed a motion to amend the complaint solely with respect
to damages. (ECF No. 24.) Pursuant to the Court’s Discovery and Scheduling Order, Plaintiff
was within the time to file an amended pleading, (ECF No. 23, p. 1), and the Court granted the
motion on April 19, 2017, (ECF No. 25). The Court directed Plaintiff to file an amended
complaint, limited to the revision of his damages claim, within thirty (30) days following the date
of service of the order. (Id.) The deadline for Plaintiff to file an amended complaint has expired,
and he has not complied with or otherwise responded to the Court’s order.
Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing,
within twenty-one (21) days of service of this order, why this action should not be dismissed for
Plaintiff’s failure to comply with the Court’s April 19, 2017 order and for failure to prosecute.
Plaintiff can comply with this order to show cause by filing an amended complaint. The failure
to respond to this order will result in the dismissal of this action, with prejudice, for failure
to obey a court order and failure to prosecute.
IT IS SO ORDERED.
June 5, 2017
UNITED STATES MAGISTRATE JUDGE
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