Crew v. Commissioner of Department of Corrections and Rehabilitation

Filing 55

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Obey a Court Order and Failure to Prosecute 52 , signed by Magistrate Judge Barbara A. McAuliffe on 5/29/2018: 21-Day Deadline. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID CREW,

12
13
14
15
16

Case No. 1:16-cv-00590-LJO-BAM (PC)
Plaintiff,

v.
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,
Defendants.

ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO OBEY A COURT ORDER
AND FAILURE TO PROSECUTE
(ECF No. 52)
TWENTY-ONE (21) DAY DEADLINE

17
18
19
20

Plaintiff David Crew (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action under 42 U.S.C. § 1983.
On March 29, 2018, the Court granted Plaintiff leave to amend and directed Plaintiff to

21

file a third amended complaint within thirty (30) days, limited to the addition of his proposed

22

claims against Defendants Patel and RN German, as alleged in Plaintiff’s motions to amend.

23

(ECF No. 52.) The deadline for Plaintiff to file a third amended complaint has expired, and he

24

has not complied with the Court’s order or otherwise communicated with the Court.

25

Accordingly, the Court HEREBY ORDERS that Plaintiff shall show cause in writing,

26

within twenty-one (21) days of service of this order, why this action should not be dismissed for

27

Plaintiff’s failure to comply with the Court’s order and for failure to prosecute. Plaintiff can

28

comply with this order to show cause by filing a third amended complaint in compliance with the
1

1

Court’s March 29, 2018 order. The failure to respond to this order will result in the dismissal

2

of this action, with prejudice, for failure to obey a court order and failure to prosecute.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Barbara

May 29, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2