Mendez v. Yates. et al.

Filing 9

ORDER to SHOW CAUSE why this action should not be dismissed for failure to state a claim, failure to obey a court order and failure to prosecute signed by Magistrate Judge Barbara A. McAuliffe on 12/12/2016. Show Cause Response due by 1/5/2017.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO E. MENDEZ,

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Plaintiff,

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v.
JAMES A. YATES, et al.

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Defendants.

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Case No. 1:15-cv-00781-BAM (PC)
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO STATE A CLAIM,
FAILURE TO OBEY A COURT ORDER,
AND FAILURE TO PROSECUTE
(ECF No. 8)
TWENTY (20) DAY DEADLINE

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Plaintiff Guillermo E. Mendez (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on

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May 22, 2015 (ECF No. 1), and consented to magistrate judge jurisdiction on June 4, 2015 (ECF

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No. 5).

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On November 2, 2016, this Court issued an order dismissing Plaintiff’s complaint with

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leave to amend within thirty (30) days. (ECF No. 8.) Plaintiff was expressly warned that the

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failure to file an amended complaint in compliance with the Court’s order would result in this

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action being dismissed for failure to obey a court order and failure to state a claim. (Id. at p. 6.)

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The deadline for Plaintiff to file an amended complaint has passed, and he has not complied with

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or otherwise responded to the Court’s order.

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Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing,
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within twenty (20) 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 November 2, 2016 order, for failure to state a claim,

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and for failure to prosecute. The failure to respond to this order will result in the dismissal of

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this action, with prejudice, for failure to state a claim, failure to obey a court order, and

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failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 12, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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