Martinez v. Davey et al

Filing 28

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 9/19/16. Show Cause Response (14-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO MARTINEZ,

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Plaintiff,
v.
D. DAVEY, et al.,
Defendants.

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Case No.: 1:16-cv-00084-LJO-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. 25)
FOURTEEN (14) DAY DEADLINE

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Plaintiff Ricardo Martinez (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On August 9, 2016, the Court dismissed Plaintiff’s complaint with leave to amend within thirty

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(30) days. (ECF No. 25.) Plaintiff was warned that if he failed to file an amended complaint in

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compliance with the Court’s order, this action would be dismissed, with prejudice, for failure to obey a

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court order and failure to state a claim. (Id. at p. 12.) The deadline for Plaintiff to file his amended

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

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August 24, 2016, Plaintiff filed objections to Findings and Recommendations re motion to compel, but

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these objections do not comply with the Court’s order to file an amended complaint.
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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 9, 2016 order, for failure to state a claim and for failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 19, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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