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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD PRICE, 12 Plaintiff, 13 14 15 v. RAYMOND E. MABUS, Secretary, Department of the Navy, Defendant. 16 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 17 Plaintiff Edward Price (“Plaintiff”) proceeds pro se and in forma pauperis in this civil 18 19 action. Plaintiff initiated this action on May 19, 2016. (Doc 1.) 20 On November 29, 2016, the Court issued a screening order dismissing Plaintiff’s third 21 amended complaint and granting him a final opportunity to amend his complaint within thirty 22 (30) days. (Doc. 10) The Court expressly warned Plaintiff that the failure to file an amended 23 complaint in compliance with the Court’s order would result in this action being dismissed for 24 failure to state a cognizable claim and failure to obey a court order. (Id. at 6.) On December 29, 25 2016, in lieu of a fourth amended complaint, Plaintiff filed a letter with the Court addressed to 26 Defendant Raymond E. Mabus in support of his complaint. (Doc. 11). To date, Plaintiff has 27 failed to file an amended complaint in compliance with the Court’s screening order. 28 /// 1 1 Accordingly, Plaintiff is HEREBY ORDERED to show cause in writing, within fourteen 2 (14) days of service of this order, why this action should not be dismissed for Plaintiff’s failure to 3 comply with the Court’s November 19, 2016 screening order and for failure to state a claim. 4 Plaintiff can comply with this order to show cause by filing an amended complaint that complies 5 with the Federal Rules of Civil Procedure and instructions in the screening order. The failure to 6 respond to this order will result in a recommendation for dismissal of this action for failure 7 to state a claim and failure to obey a court order. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara January 12, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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