Carter v. Davey, et al.

Filing 17

ORDER to SHOW CAUSE why case should not be dismissed for failure to follow court order and failure to prosecute signed by Magistrate Judge Gary S. Austin on 10/18/2017. Show Cause Response due within 14-Days. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS CARTER, Plaintiff, 12 v. 13 14 1:16-cv-00365-GSA-PC DAVEY, et al., ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO FOLLOW COURT ORDER AND FAILURE TO PROSECUTE (ECF No. 16.) Defendants. 15 FOURTEEN-DAY DEADLINE 16 17 18 I. BACKGROUND 19 Marcus Carter (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 21 commencing this action on March 8, 2016, at the U.S. District Court for the Eastern District of 22 California, Sacramento Division. (ECF No. 1.) On March 16, 2016, the case was transferred to 23 the Fresno Division. (ECF No. 4.) 24 On March 21, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this action 25 pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 7.) 26 Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of 27 California, the undersigned shall conduct any and all proceedings in the case until such time as 28 reassignment to a District Judge is required. Local Rule Appendix A(k)(3). 1 1 On August 28, 2017, the court screened the First Amended Complaint and issued an 2 order dismissing the First Amended Complaint for failure to state a claim, with leave to amend 3 within thirty days. (ECF No. 16.) The thirty-day deadline has passed, and Plaintiff has not 4 filed an amended complaint or otherwise responded to the court’s order. 5 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this 6 action should not be dismissed for failure to follow a court order and failure to prosecute. 7 Plaintiff must file a response to this order within fourteen (14) days. Plaintiff may also 8 comply by filing a response to the August 28, 2017, order. 9 Failure to follow this order will result in dismissal of this action. 10 11 12 13 IT IS SO ORDERED. Dated: October 18, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 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?