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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT K. RICKS,

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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

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Case No. 1:15-cv-00715-BAM (PC)

Plaintiff Scott K. Ricks (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. On August 5, 2016, the Court

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screened Plaintiff’s complaint and found that he had stated cognizable claims under the Eighth

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Amendment against Defendant Kamena for the failure to protect him from his cellmate’s attack

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on January 13, 2014, and for deliberate indifference to his serious medical need following the

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attack. (ECF No. 18.)

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On February 24, 2017, Plaintiff filed a motion to amend the complaint solely with respect

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to damages. (ECF No. 24.) Pursuant to the Court’s Discovery and Scheduling Order, Plaintiff

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was within the time to file an amended pleading, (ECF No. 23, p. 1), and the Court granted the

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motion on April 19, 2017, (ECF No. 25). The Court directed Plaintiff to file an amended

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complaint, limited to the revision of his damages claim, within thirty (30) days following the date

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of service of the order. (Id.) The deadline for Plaintiff to file an amended complaint has expired,
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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,

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within twenty-one (21) days of service of this order, why this action should not be dismissed for

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Plaintiff’s failure to comply with the Court’s April 19, 2017 order and for failure to prosecute.

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Plaintiff can comply with this order to show cause by filing an amended complaint. The failure

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to respond to this order will result in the dismissal of this action, with prejudice, for failure

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to obey a court order and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 5, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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