Williams v. Hill et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRETT LEE WILLIAMS,
T. E. HILL, et al.,
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)
THIRTY DAY DEADLINE
Brett Williams (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.
Plaintiff filed a First Amended Complaint on July 27, 2016. (ECF No. 9). On April 26,
2017, the Court dismissed Plaintiff’s First Amended Complaint for failure to state a claim on
which relief may be granted. (ECF No. 10, p. 19). The Court also granted Plaintiff partial
leave to amend, with a thirty day deadline. (Id.).
On May 15, 2017, Plaintiff filed a request for an extension of time to file an amended
complaint, which was granted. Plaintiff was given until June 30, 2017, to file an amended
complaint. (ECF No. 12).
The deadline for Plaintiff to file an amended complaint has expired, and Plaintiff has
not filed an amended complaint. Plaintiff did file an interlocutory appeal (ECF No. 15), but he
never requested, and was never granted, a stay pending appeal. Additionally, the appeal has
been now been dismissed. (ECF Nos. 22 & 23).
Because Plaintiff has failed to timely file an amended complaint, the Court will order
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 this case.
Accordingly, based on the foregoing, it is HEREBY ORDERED that within thirty (30)
days from the date of service of this order, Plaintiff shall 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. If Plaintiff files his amended complaint within this thirty day period the Court will
discharge the order to show cause. Failure to respond will result in dismissal of the case.
IT IS SO ORDERED.
August 28, 2017
UNITED STATES MAGISTRATE JUDGE
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