Garcia v. Podsakoff, et al.

Filing 11

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 6/1/17. Show Cause Response Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWIN GARCIA,

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Plaintiff,

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v.
PODSAKOFF, et al.,

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Defendants.

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Case No. 1:16-cv-00394-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. 10)
TWENTY (20) DAY DEADLINE

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Plaintiff Edwin Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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March 22, 2016. (ECF No. 1.) Plaintiff filed a consent to magistrate judge jurisdiction on May

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23, 2016. (ECF No. 7.)
On April 17, 2017, the Court issued a screening order dismissing Plaintiff’s first amended

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complaint with leave to amend within thirty (30) days. (ECF No. 10.) 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 12.) 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,

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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 April 17, 2017 order, for failure to state a claim, and

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

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complaint. The failure to respond to this order will result in the dismissal of this action, with

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prejudice, for failure to state a claim, failure to obey a court order, and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 1, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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