Ricks v. Kamena et al

Filing 26

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT K. RICKS, 12 13 14 15 Plaintiff, v. 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., (ECF No.25) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Case No. 1:15-cv-00715-BAM (PC) Plaintiff Scott K. Ricks (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. On August 5, 2016, the Court 19 screened Plaintiff’s complaint and found that he had stated cognizable claims under the Eighth 20 Amendment against Defendant Kamena for the failure to protect him from his cellmate’s attack 21 on January 13, 2014, and for deliberate indifference to his serious medical need following the 22 attack. (ECF No. 18.) 23 On February 24, 2017, Plaintiff filed a motion to amend the complaint solely with respect 24 to damages. (ECF No. 24.) Pursuant to the Court’s Discovery and Scheduling Order, Plaintiff 25 was within the time to file an amended pleading, (ECF No. 23, p. 1), and the Court granted the 26 motion on April 19, 2017, (ECF No. 25). The Court directed Plaintiff to file an amended 27 complaint, limited to the revision of his damages claim, within thirty (30) days following the date 28 of service of the order. (Id.) The deadline for Plaintiff to file an amended complaint has expired, 1 1 2 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, 3 within twenty-one (21) days of service of this order, why this action should not be dismissed for 4 Plaintiff’s failure to comply with the Court’s April 19, 2017 order and for failure to prosecute. 5 Plaintiff can comply with this order to show cause by filing an amended complaint. The failure 6 to respond to this order will result in the dismissal of this action, with prejudice, for failure 7 to obey a court order and failure to prosecute. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara June 5, 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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