Tran v. Davey

Filing 13

ORDER discharging 10 Order to Show Cause signed by Magistrate Judge Barbara A. McAuliffe on 2/7/2017. (Lundstrom, T)

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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 DISCHARGING 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. 10)

v.
D. DAVEY,

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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 an order dismissing Plaintiff’s first amended

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complaint with leave to amend within thirty (30) days. (ECF No. 9.) Plaintiff failed to file an

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amended complaint. Therefore, on January 11, 2017, the Court issued an order for Plaintiff to

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show cause why this action should not be dismissed for failure to state a claim, failure to obey a

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court order, and failure to prosecute. (ECF No. 10.) The Court informed Plaintiff that he could

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comply with the order to show cause by filing an amended complaint. (Id. at 2.) On February 6,

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2017, Plaintiff filed a second amended complaint. (ECF No. 11.)

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Based on Plaintiff’s filing his second amended complaint, the Court finds good cause to

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discharge the January 11, 2017 order. Accordingly, the Court’s January 11, 2017 order to show
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cause is HEREBY DISCHARGED. The Court advises Plaintiff that his second amended

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complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 7, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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