Williams v. Hill et al

Filing 25

ORDER for Plaintiff to SHOW CAUSE why this Case should not be Dismissed for Failure to Comply with a Court Order and Failure to Prosecute, 10 signed by Magistrate Judge Erica P. Grosjean on 0828/17. Show Cause Response due 30-Day Deadline (Martin-Gill, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 BRETT LEE WILLIAMS, Plaintiff, 8 v. 9 10 T. E. HILL, et al., Defendants. 11 Case No. 1:16-cv-00540-LJO-EPG (PC) ORDER FOR PLAINTIFF TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM, FAILURE TO COMPLY WITH A COURT ORDER, AND FAILURE TO PROSECUTE (ECF NO. 10) 12 THIRTY DAY DEADLINE 13 14 15 Brett Williams (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. 16 Plaintiff filed a First Amended Complaint on July 27, 2016. (ECF No. 9). On April 26, 17 2017, the Court dismissed Plaintiff’s First Amended Complaint for failure to state a claim on 18 which relief may be granted. (ECF No. 10, p. 19). The Court also granted Plaintiff partial 19 leave to amend, with a thirty day deadline. (Id.). 20 On May 15, 2017, Plaintiff filed a request for an extension of time to file an amended 21 complaint, which was granted. Plaintiff was given until June 30, 2017, to file an amended 22 complaint. (ECF No. 12). 23 The deadline for Plaintiff to file an amended complaint has expired, and Plaintiff has 24 not filed an amended complaint. Plaintiff did file an interlocutory appeal (ECF No. 15), but he 25 never requested, and was never granted, a stay pending appeal. Additionally, the appeal has 26 been now been dismissed. (ECF Nos. 22 & 23). 27 \\\ 28 \\\ 1 1 Because Plaintiff has failed to timely file an amended complaint, the Court will order 2 Plaintiff to show cause why this case should not be dismissed for failure to state a claim, failure 3 to comply with a court order, and failure to prosecute this case. 4 Accordingly, based on the foregoing, it is HEREBY ORDERED that within thirty (30) 5 days from the date of service of this order, Plaintiff shall show cause why this case should not 6 be dismissed for failure to state a claim, failure to comply with a court order, and failure to 7 prosecute. If Plaintiff files his amended complaint within this thirty day period the Court will 8 discharge the order to show cause. Failure to respond will result in dismissal of the case. 9 10 11 IT IS SO ORDERED. Dated: August 28, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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