Olive v. Harrington et al

Filing 8

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 10/24/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMIEN DWAYNE OLIVE,

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Plaintiff,

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v.
KELLY HARRINGTON, et al.

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Defendants.

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Case No.: 1:15-cv-01276-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. 7)
TWENTY (20) DAY DEADLINE

Plaintiff Damien Dwayne Olive (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate

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judge jurisdiction. (ECF No. 5.)

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On September 14, 2016, the Court dismissed Plaintiff’s complaint with leave to amend within

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thirty (30) days. (ECF No. 7.) Plaintiff was expressly warned that if he failed to file an amended

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complaint in compliance with the Court’s order, this action would be dismissed, with prejudice, for

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failure to obey a court order and failure to state a claim. (Id. at p. 10.) The deadline for Plaintiff to file

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his amended complaint or a notice of voluntary dismissal has passed, and he has not complied with or

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otherwise responded to the Court’s order.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff shall show cause, within twenty (20)

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days of service of this order, why this action should not be dismissed based on Plaintiff’s failure to

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comply with the Court’s September 14, 2016 order, and for his failure to state a claim and failure to

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prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 24, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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