Price v. Mabus

Filing 12

ORDER to SHOW CAUSE Why this Action should not be Dismissed for Failure to State a Claim and Failure to Obey a Court Order; Show Cause Response due within Fourteen Days signed by Magistrate Judge Barbara A. McAuliffe on 1/12/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD PRICE,

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Plaintiff,

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v.
RAYMOND E. MABUS, Secretary,
Department of the Navy,
Defendant.

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Case No. 1:16-cv-00702-LJO-BAM
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO STATE A CLAIM AND
FAILURE TO OBEY A COURT ORDER
(Doc. 10)
FOURTEEN-DAY DEADLINE

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Plaintiff Edward Price (“Plaintiff”) proceeds pro se and in forma pauperis in this civil

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action. Plaintiff initiated this action on May 19, 2016. (Doc 1.)

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On November 29, 2016, the Court issued a screening order dismissing Plaintiff’s third

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amended complaint and granting him a final opportunity to amend his complaint within thirty

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(30) days. (Doc. 10) The Court expressly warned Plaintiff that the failure to file an amended

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complaint in compliance with the Court’s order would result in this action being dismissed for

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failure to state a cognizable claim and failure to obey a court order. (Id. at 6.) On December 29,

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2016, in lieu of a fourth amended complaint, Plaintiff filed a letter with the Court addressed to

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Defendant Raymond E. Mabus in support of his complaint. (Doc. 11). To date, Plaintiff has

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failed to file an amended complaint in compliance with the Court’s screening order.

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Accordingly, Plaintiff is HEREBY ORDERED to show cause in writing, within fourteen

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(14) days of service of this order, why this action should not be dismissed for Plaintiff’s failure to

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comply with the Court’s November 19, 2016 screening order and for failure to state a claim.

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Plaintiff can comply with this order to show cause by filing an amended complaint that complies

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with the Federal Rules of Civil Procedure and instructions in the screening order. The failure to

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respond to this order will result in a recommendation for dismissal of this action for failure

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to state a claim and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 12, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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