Jefferson v. Department of Corrections and Rehabilitation et al

Filing 11

ORDER to SHOW CAUSE Why Action should not be Dismissed for Failure to State a Claim, Failure to Comply with a Court Order, and Failure to Prosecute; Show Cause Response due within Fourteen (14) Days signed by Magistrate Judge Stanley A. Boone on 10/24/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 KEON L. JEFFERSON, 15 16 ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM, FAILURE TO COMPLY WITH A COURT ORDER, AND FAILURE TO PROSECUTE Plaintiff, 13 14 Case No. 1:16-cv-00359-SAB-PC v. J. KATAVICH, et al., (ECF No. 10) Defendants. FOURTEEN (14) DAY DEADLINE 17 18 19 Plaintiff Keon L. Jefferson is a state prisoner proceeding pro se and in forma pauperis 20 pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 21 28 U.S.C. § 636(c). (ECF No. 4.) 22 On September 12, 2017, the Court screened and dismissed Plaintiff’s second amended 23 complaint for failure to state a claim upon which relief could be granted. (ECF No. 10.) Plaintiff 24 was directed to file a third amended complaint within thirty days from the date of service of that 25 order. (Id. at 7-8.) More than thirty days have passed, and Plaintiff has not complied with the 26 Court’s order or otherwise communicated with the Court. 27 Accordingly, IT IS HEREBY ORDERED that within fourteen (14) days of the date of 28 service of this order, Plaintiff shall show cause in writing as to why this action should not be 1 1 dismissed for Plaintiff’s failure to comply with the September 12, 2017 order. In the alternative, 2 Plaintiff may comply with this order by filing a third amended complaint or notice of voluntary 3 dismissal of this case within fourteen (14) days of the date of service of this order. Plaintiff is 4 warned that the failure to timely comply with this order will result in the dismissal of this 5 action. 6 7 IT IS SO ORDERED. 8 Dated: October 24, 2017 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

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