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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRETT LEE WILLIAMS,
Plaintiff,

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v.

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T. E. HILL, et al.,
Defendants.

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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)

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THIRTY DAY DEADLINE

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Brett Williams (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.

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Plaintiff filed a First Amended Complaint on July 27, 2016. (ECF No. 9). On April 26,

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2017, the Court dismissed Plaintiff’s First Amended Complaint for failure to state a claim on

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which relief may be granted. (ECF No. 10, p. 19). The Court also granted Plaintiff partial

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leave to amend, with a thirty day deadline. (Id.).

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On May 15, 2017, Plaintiff filed a request for an extension of time to file an amended

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complaint, which was granted. Plaintiff was given until June 30, 2017, to file an amended

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complaint. (ECF No. 12).

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The deadline for Plaintiff to file an amended complaint has expired, and Plaintiff has

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not filed an amended complaint. Plaintiff did file an interlocutory appeal (ECF No. 15), but he

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never requested, and was never granted, a stay pending appeal. Additionally, the appeal has

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been now been dismissed. (ECF Nos. 22 & 23).

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Because Plaintiff has failed to timely file an amended complaint, the Court will order

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Plaintiff to show cause why this case should not be dismissed for failure to state a claim, failure

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to comply with a court order, and failure to prosecute this case.

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Accordingly, based on the foregoing, it is HEREBY ORDERED that within thirty (30)

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days from the date of service of this order, Plaintiff shall show cause why this case should not

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be dismissed for failure to state a claim, failure to comply with a court order, and failure to

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prosecute. If Plaintiff files his amended complaint within this thirty day period the Court will

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discharge the order to show cause. Failure to respond will result in dismissal of the case.

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IT IS SO ORDERED.
Dated:

August 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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