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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWIN GARCIA, 12 Plaintiff, 13 14 v. PODSAKOFF, et al., 15 Defendants. 16 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 17 Plaintiff Edwin Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on 20 March 22, 2016. (ECF No. 1.) Plaintiff filed a consent to magistrate judge jurisdiction on May 21 23, 2016. (ECF No. 7.) On April 17, 2017, the Court issued a screening order dismissing Plaintiff’s first amended 22 23 complaint with leave to amend within thirty (30) days. (ECF No. 10.) The Court expressly 24 warned Plaintiff that the failure to file an amended complaint in compliance with the Court’s 25 order would result in this action being dismissed for failure to obey a court order and failure to 26 state a claim. (Id. at 12.) The deadline for Plaintiff to file an amended complaint has expired, and 27 he has not complied with or otherwise responded to the Court’s order. 28 /// 1 1 Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing, 2 within twenty (20) days of service of this order, why this action should not be dismissed for 3 Plaintiff’s failure to comply with the Court’s April 17, 2017 order, for failure to state a claim, and 4 for failure to prosecute. Plaintiff can comply with this order to show cause by filing an amended 5 complaint. The failure to respond to this order will result in the dismissal of this action, with 6 prejudice, for failure to state a claim, failure to obey a court order, and failure to prosecute. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara June 1, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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