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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON SCHEIDING,

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Plaintiff,
v.
DAVID SMITH, et al.,
Defendants.

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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

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Plaintiff Jason Scheiding (“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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January 27, 2016. (ECF No. 1.)

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On November 16, 2016, the Court issued a screening order dismissing Plaintiff’s

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complaint with leave to amend within thirty (30) days. (ECF No. 17.) The Court expressly

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warned Plaintiff that the failure to file an amended complaint in compliance with the Court’s

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order would result in this action being dismissed for failure to obey a court order and failure to

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state a claim. (Id. at 7.) The deadline for Plaintiff to file an amended complaint has expired, and

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he has not complied with or otherwise responded to the Court’s order.

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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
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Plaintiff’s failure to comply with the Court’s November 16, 2016 order, for failure to state a

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claim, and for failure to prosecute. Plaintiff can comply with this order to show cause by filing an

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amended complaint. The failure to respond to this order will result in this dismissal of this

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action, with prejudice, for failure to state a claim, failure to obey a court order, and failure

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to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 3, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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