Simpson v. Fresno County Jail et al

Filing 10

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 10/6/2016. Show Cause Response due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALVIN M. SIMPSON,

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Plaintiff,

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v.
FRESNO COUNTY JAIL, et al.

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Defendants.

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Case No.: 1:15-cv-01464-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. 9)
FOURTEEN (14) DAY DEADLINE

Plaintiff Calvin M. Simpson (“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 August 16, 2016, the Court dismissed Plaintiff’s complaint with leave to amend within

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thirty (30) days. (ECF No. 9.) 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. 9.) The deadline for Plaintiff to file

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his amended complaint has passed, and he has not complied with or otherwise responded to the

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Court’s order.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff shall show cause, within fourteen (14)

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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 August 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 6, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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