Abreu v. Jaime et al

Filing 26

ORDER to SHOW CAUSE why this Action Should not be Dismissed for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 09/27/2017. Show Cause Response due by 10/23/2017.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARMANDO ABREU,

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Case No. 1:16-cv-00715-BAM (PC)

Plaintiff,

Defendants.

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(ECF No. 25)

v.

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ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO STATE A CLAIM,
FAILURE TO OBEY A COURT ORDER,
AND FAILURE TO PROSECUTE

G. JAIME, et al.,

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TWENTY (20) DAY DEADLINE

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Plaintiff Armando Abreu (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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May 23, 2016.

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On June 21, 2017, the Court issued a screening order dismissing the third amended

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complaint for failure to state a cognizable claim, and granted Plaintiff leave to file an amended

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complaint within thirty (30) days. (ECF No. 25.) On July 13, 2017, the Court’s order was

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returned as Undeliverable, Inmate not at this Institution. The deadline to file an amended

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complaint has passed, and Plaintiff has not filed an amended complaint, provided the Court with

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his current address, or otherwise communicated with the Court regarding this action.

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Pursuant to Local Rules 182 and 183, a pro se party is under a continuing duty to notify

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the Clerk, the Court and all other parties of any change of address or telephone number. Local
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Rules 182(f), 183(b). Additionally, Local Rule 110 provides that “[f]ailure . . . of a party to

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comply with these [Local] Rules or with any order of the Court may be grounds for imposition by

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the Court of any and all sanctions . . . within the inherent power of the Court.” Further, the failure

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of Plaintiff to prosecute this action is grounds for dismissal. In re Phenylpropanolamine (PPA)

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Products Liability Litigation, 460 F.3d 1217 (9th Cir. 2006).

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within

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twenty (20) days from the date of service of this order, why this action should not be dismissed,

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with prejudice, for failure to state a claim, failure to comply with the Court’s June 21, 2017 order,

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and failure to prosecute. Plaintiff can comply with this order to show cause by filing a notice

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informing the Court of his current address and filing an amended complaint. The failure to

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respond to this order will result in dismissal of this action, with prejudice, for failure to

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

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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