Price v. Mabus
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RAYMOND E. MABUS, Secretary,
Department of the Navy,
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
Plaintiff Edward Price (“Plaintiff”) proceeds pro se and in forma pauperis in this civil
action. Plaintiff initiated this action on May 19, 2016. (Doc 1.)
On November 29, 2016, the Court issued a screening order dismissing Plaintiff’s third
amended complaint and granting him a final opportunity to amend his complaint within thirty
(30) days. (Doc. 10) The Court expressly warned Plaintiff that the failure to file an amended
complaint in compliance with the Court’s order would result in this action being dismissed for
failure to state a cognizable claim and failure to obey a court order. (Id. at 6.) On December 29,
2016, in lieu of a fourth amended complaint, Plaintiff filed a letter with the Court addressed to
Defendant Raymond E. Mabus in support of his complaint. (Doc. 11). To date, Plaintiff has
failed to file an amended complaint in compliance with the Court’s screening order.
Accordingly, Plaintiff is HEREBY ORDERED to show cause in writing, within fourteen
(14) days of service of this order, why this action should not be dismissed for Plaintiff’s failure to
comply with the Court’s November 19, 2016 screening order and for failure to state a claim.
Plaintiff can comply with this order to show cause by filing an amended complaint that complies
with the Federal Rules of Civil Procedure and instructions in the screening order. The failure to
respond to this order will result in a recommendation for dismissal of this action for failure
to state a claim and failure to obey a court order.
IT IS SO ORDERED.
January 12, 2017
UNITED STATES MAGISTRATE JUDGE
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