Townsel v. Madera County Dept. of Correction

Filing 9

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Prosecute and Failure to State a Claim signed by Magistrate Judge Dennis L. Beck on 1/20/2016. Show Cause Response due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID TOWNSEL, 12 Plaintiff, 13 v. 14 MADERA COUNTY DEPARTMENT OF CORRECTIONS, Case No. 1:15-cv-01305 DLB PC ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM THIRTY-DAY RESPONSE DEADLINE 15 Defendant. 16 17 18 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 19 On December 9, 2015, the Court screened Plaintiff’s complaint and dismissed it with leave to 20 amend. Plaintiff was ordered to file an amended complaint within thirty (30) days of the date of 21 service of the order. Over thirty (30) days have passed and Plaintiff has not file an amended 22 complaint or otherwise contacted the Court. 23 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this action 24 25 26 should not be dismissed for failure to follow a Court order and failure to state a claim. Plaintiff may also comply by filing an amended complaint, or a notice of voluntary dismissal. 27 28 1 Plaintiff consented to the jurisdiction of the United States Magistrate Judge on September 8, 2015. 1 1 2 If Plaintiff fails to respond to this order, the Court will dismiss this action for failure to follow a Court order and for failure to state a claim. 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Dennis January 20, 2016 L. Beck UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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