Venable v. Stainer et al

Filing 8

ORDER to SHOW CAUSE Why Action Should Not be Dismissed for Failure to Follow Court Order and Failure to Prosecute, signed by Magistrate Judge Dennis L. Beck on 8/11/16. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELVIS VENABLE,

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Plaintiff,

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v.

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No. 1:16-cv-00589 DLB PC
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO FOLLOW COURT ORDER
AND FAILURE TO PROSECUTE

STAINER, et al.,
THIRTY-DAY DEADLINE

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Defendants.

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Plaintiff Elvis Venable (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on April 26, 2016. Plaintiff names M.D. Stainer, Kern

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Valley State Prison (“KVSP”) Warden Biter, Kern Medical Center Dr. Busch, KVSP CEO M.

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Hutchinson and KVSP Dr. Woods as Defendants.
On June 17, 2016, the Court screened the complaint and dismissed it with leave to amend.

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Pursuant to that order, an amended complaint was due within thirty (30) days. Over thirty (30)

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days have passed and he has not filed an amended complaint or otherwise contacted the Court.
Additionally, on June 15, 2016, the Court sent Plaintiff a second order regarding consent

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and request for reassignment. Plaintiff was ordered to either decline or consent to Magistrate

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Judge jurisdiction within thirty (30) days. Plaintiff has not done so.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this action

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should not be dismissed for failure to follow Court orders and failure to prosecute. Plaintiff must

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file a response to this order within thirty (30) days. Plaintiff may also comply by filing an

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amended complaint pursuant to the June 17, 2016, order, and complying with the June 15, 2016,

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order.

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Failure to follow this order will result in dismissal of this action.
IT IS SO ORDERED.

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Dated:

/s/ Dennis

August 11, 2016

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L. Beck

UNITED STATES MAGISTRATE JUDGE

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