Carter v. Davey, et al.

Filing 10

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Follow Court Order and Failure to Prosecute, signed by Magistrate Judge Dennis L. Beck on 7/25/16. Show Cause Response Due Within Thirty Days. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MARCUS CARTER, 11 Plaintiff, 12 v. 13 ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO FOLLOW COURT ORDER AND FAILURE TO PROSECUTE DAVEY, et al., 14 Case No. 1:16-cv-00365 DLB Defendants. _____________________________________/ THIRTY-DAY DEADLINE 15 Plaintiff Marcus Carter (“Plaintiff”), a state inmate in the custody of the California 16 17 Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on 1 19 March 8, 2016. On June 8, 2016, the Court screened the complaint and ordered Plaintiff to either file an 20 21 amended complaint, or notify the Court of his willingness to proceed only on the cognizable 22 claim. Pursuant to that order, an amended complaint was due within thirty (30) days. Over thirty 23 (30) days have passed and he has not responded to the order or otherwise contacted the Court. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this action 24 25 should not be dismissed for failure to follow a Court order and failure to prosecute. Plaintiff must 26 /// 27 /// 28 1 Plaintiff consented to the jurisdiction of the United States Magistrate Judge on March 21, 2016. 1 file a response to this order within thirty (30) days. Plaintiff may also comply by filing a response 2 to the June 8, 2016, order. 3 Failure to follow this order will result in dismissal of this action. 4 5 6 7 IT IS SO ORDERED. Dated: /s/ Dennis July 25, 2016 L. Beck UNITED STATES MAGISTRATE JUDGE 8 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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