Sanchez v. Kramer et al

Filing 13

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to State a Claim, Failure to Comply With a Court Order, and Failure to Prosecute 11 , 12 , signed by Magistrate Judge Stanley A. Boone on 10/31/2018: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE SANCHEZ,

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Plaintiff,
v.
NORM KRAMER, et al.,
Defendants.

No. 1:15-cv-01868-DAD-SAB
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO STATE A CLAIM, FAILURE
TO COMPLY WITH A COURT ORDER,
AND FAILURE TO PROSECUTE
(ECF Nos. 11, 12)
FOURTEEN-DAY DEADLINE

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Plaintiff Jesse Sanchez is a civil detainee appearing pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 20, 2016, the undersigned screened Plaintiff’s amended complaint and issued

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findings and recommendations recommending that this action be dismissed for the failure to state

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a cognizable claim. (ECF No. 9.) On September 20, 2018, the District Judge declined to adopt

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the findings and recommendations, and granted Plaintiff leave to file a second amended

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complaint. (ECF No. 11.) However, no deadline was set for Plaintiff’s compliance with that

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order. (Id.) Therefore, on September 21, 2018, the Court ordered Plaintiff to file his second

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amended complaint no later than October 24, 2018. (Doc. No. 12.)

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The above deadline has passed, and Plaintiff has not filed any second amended complaint,

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or otherwise communicated with the Court. As a result, there is no pleading on file which sets

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forth any claims upon which relief may be granted.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff shall, within fourteen (14) days of the date of this order:

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a.

show cause in writing as to why this action should not be dismissed;

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b.

file a voluntary dismissal; or

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c.

file a second amended complaint; and

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2.

Plaintiff is warned that the failure to comply with this order will result in dismissal

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of this action for the failure to state a claim for relief, the failure to comply with a court order, and

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the failure to prosecute;

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3.

No extensions of time will be granted to file a second amended complaint or

response to this order absent good cause.

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IT IS SO ORDERED.
Dated:

October 31, 2018
UNITED STATES MAGISTRATE JUDGE

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