Tran v. Davey

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; Show Cause Response due within Twenty (20) Days signed by Magistrate Judge Barbara A. McAuliffe on 1/11/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY TRAN,

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Case No. 1:15-cv-01591-LJO-BAM (PC)
Plaintiff,

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

Defendant.

(ECF No. 9)

v.
D. DAVEY,

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TWENTY (20) DAY DEADLINE

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Plaintiff Tony Tran (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on

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October 19, 2015. (ECF No. 1.)

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On December 2, 2016, the Court issued a screening order dismissing Plaintiff’s first

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amended complaint with leave to amend within thirty (30) days. (ECF No. 9.) The Court

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expressly warned Plaintiff that the failure to file an amended complaint in compliance with the

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Court’s order would result in this action being dismissed, with prejudice, for failure to state a

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claim and failure to obey a court order. (Id., p. 6.) The deadline for Plaintiff to file an amended

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complaint has expired, and he has not complied with or otherwise responded to the Court’s order.

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Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing,
within twenty (20) days of service of this order, why this action should not be dismissed for
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Plaintiff’s failure to comply with the Court’s December 2, 2016 order, for failure to state a claim,

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and for failure to prosecute. Plaintiff can comply with this order to show cause by filing an

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amended complaint. The failure to respond to this order will result in the dismissal of this

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action, with prejudice, for failure to state a claim, failure to obey a court order, and failure

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to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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