Simpson v. Ahlin

Filing 7

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 10/27/16. Show Cause Response Due Within Twenty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL SIMPSON,

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Plaintiff,
v.
PAM AHLIN,
Defendant.

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Case No.: 1:15-cv-01301-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. 6)
TWENTY (20) DAY DEADLINE

Plaintiff Earl Simpson (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.

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On September 16, 2016, the Court dismissed Plaintiff’s complaint with leave to amend within

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thirty (30) days. (ECF No. 6.) Plaintiff was expressly warned that the failure to file an amended

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complaint in compliance with the Court’s order would result in this action being dismissed, with

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prejudice, for failure to obey a court order and failure to state a claim. (Id. at pp. 5-6.) The deadline

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for Plaintiff to file an amended complaint or a notice of voluntary dismissal has passed, and he has not

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complied with or 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 16, 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 27, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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