Simonson v. Singh et al

Filing 19

ORDER DISCHARGING 17 Order to Show Cause signed by Magistrate Judge Michael J. Seng on 9/27/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CRAIG SIMONSON,

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Plaintiff,

Case No. 1:16-cv-00126-LJO-MJS (PC)
ORDER DISCHARGING
SHOW CAUSE

ORDER

TO

v.
(ECF No. 17)
T. SINGH, et al.,
Defendants.

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Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff initiated the action on
January 27, 2016. (ECF No. 1.)
On July 26, 2016, the Court screened Plaintiff’s first amended complaint and
found that it stated a cognizable excessive force claim against Defendant Singh. (ECF
15.) The Court dismissed Plaintiff’s remaining claims but gave Plaintiff thirty days to file
an amended complaint or notice of his willingness to proceed on the cognizable claim.
Id. As of September 15, 2016, Plaintiff still had not complied with that Order. The Court
then ordered Plaintiff to show cause days why his case should not be dismissed for
failure to obey the Court’s order. (ECF No. 17.)

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On September 26, 2016, Plaintiff filed notice of willingness to proceed on his

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cognizable claim. (ECF No. 18.) Accordingly, Plaintiff having complied, albeit late, with

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the order to show cause, the Court will discharge it.

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Based on the foregoing, IT IS HEREBY ORDERED THAT the order to show
cause (ECF No. 17) is DISCHARGED.

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IT IS SO ORDERED.
Dated:

September 27, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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