Townsel v. Madera County Dept. of Correction

Filing 13

ORDER to SHOW CAUSE why Action Should not be Dismissed for Failure to Follow Court Orders and Failure to Prosecute signed by Magistrate Judge Dennis L. Beck on 03/18/2016. Show Cause Response due by 4/20/2016.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID TOWNSEL,

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Plaintiff,

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v.

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Case No. 1:15-cv-01305 DLB PC
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO FOLLOW COURT ORDERS
AND FAILURE TO PROSECUTE

MADERA COUNTY DEPARTMENT OF
CORRECTIONS,

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Defendant.
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Plaintiff David Townsel (“Plaintiff”) is a former prisoner proceeding pro se and in forma
pauperis in this civil rights action. Plaintiff filed this action on August 24, 2015.1

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On December 9, 2015, the Court screened Plaintiff’s complaint and dismissed it with leave to

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amend. Plaintiff was ordered to file an amended complaint within thirty (30) days of the date of
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service of the order.
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On January 20, 2016, after the time for filing an amended complaint had passed, the Court
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issued an order to show cause why the action should not be dismissed for failure to follow a Court
order. Plaintiff was ordered to file a response within thirty (30) days.

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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on September 8, 2015.

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On January 25, 2016, Plaintiff filed a notice of change of address and requested an extension

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of time to file an amended complaint. Plaintiff indicated that he did not receive the December 9,

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2015, order.
Based on Plaintiff’s response, the Court vacated the order to show cause on January 27,

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2016. The Court also granted Plaintiff an additional thirty (30) days to file his amended complaint.

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To ensure that Plaintiff had the necessary documents, the Court also provided Plaintiff with a copy

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of the December 9, 2015, order.

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Over thirty (30) days have passed, however, and Plaintiff has again failed to file an amended
complaint.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this action

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should not be dismissed for his repeated failure to follow Court orders and failure to prosecute.

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Plaintiff may also comply by filing an amended complaint, or a notice of voluntary dismissal.

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Failure to file a response or otherwise comply with this order will result in dismissal of this
action.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 18, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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