Scheiding v. Smith et al

Filing 18

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Obey a Court Order, Failure to State a Claim, and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 1/3/2017. Show Cause Response due within twenty (20) days. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON SCHEIDING, 12 13 14 15 Plaintiff, v. DAVID SMITH, et al., Defendants. 16 Case No. 1:16-cv-00164-DAD-BAM (PC) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO OBEY A COURT ORDER, FAILURE TO STATE A CLAIM, AND FAILURE TO PROSECUTE (ECF No. 17) TWENTY (20) DAY DEADLINE 17 18 Plaintiff Jason Scheiding (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on 20 January 27, 2016. (ECF No. 1.) 21 On November 16, 2016, the Court issued a screening order dismissing Plaintiff’s 22 complaint with leave to amend within thirty (30) days. (ECF No. 17.) The Court expressly 23 warned Plaintiff that the failure to file an amended complaint in compliance with the Court’s 24 order would result in this action being dismissed for failure to obey a court order and failure to 25 state a claim. (Id. at 7.) The deadline for Plaintiff to file an amended complaint has expired, and 26 he has not complied with or otherwise responded to the Court’s order. 27 28 Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing, within twenty (20) days of service of this order, why this action should not be dismissed for 1 1 Plaintiff’s failure to comply with the Court’s November 16, 2016 order, for failure to state a 2 claim, and for failure to prosecute. Plaintiff can comply with this order to show cause by filing an 3 amended complaint. The failure to respond to this order will result in this dismissal of this 4 action, with prejudice, for failure to state a claim, failure to obey a court order, and failure 5 to prosecute. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara January 3, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?