Martinez v. Davey et al

Filing 39

ORDER DISCHARGING 35 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 12/5/2016. (Sant Agata, 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,

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

Defendants.

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Case No. 1:16-cv-00084-LJO-BAM (PC)

(ECF No. 35)

v.
D. DAVEY, et al.,

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Plaintiff Ricardo Martinez (“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 23, 2015, and the matter was transferred to this Court on January 20, 2016. (ECF Nos. 1,

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11.)

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On August 9, 2016, the Court issued an order dismissing Plaintiff’s complaint with leave

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to amend within thirty (30) days. (ECF No. 25.) Plaintiff failed to file an amended complaint.

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Therefore, on September 20, 2016, the Court issued an order to show cause why this action

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should not be dismissed for failure to state a claim, failure to obey a court order, and failure to

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prosecute. (ECF No. 28.)

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On September 23, 2016, Plaintiff filed an unsigned first amended complaint. (ECF No.

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30.) Thereafter, on September 28, 2016, the Court discharged the September 20, 2016 order to
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show cause, struck the unsigned first amended complaint, and directed Plaintiff to file a signed

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first amended complaint within thirty (30) days. (ECF No. 32.) Plaintiff failed to file a signed first

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amended complaint. As a result, on November 8, 2016, the Court issued an order to show cause

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why this action should not be dismissed for failure to state a claim, failure to obey a court order,

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and failure to prosecute. (ECF No. 35.) On December 1, 2016, Plaintiff filed a signed first

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amended complaint. (ECF No. 37.)

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Based on Plaintiff filing his signed first amended complaint, the Court finds good cause to

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discharge the November 8, 2016 order. Accordingly, the Court’s November 8, 2016 order to

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show cause is HEREBY DISCHARGED. The Court advises Plaintiff that his first amended

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complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 5, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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