Abreu v. Jaime et al

Filing 28

ORDER DISCHARGING 26 Order to Show Cause and GRANTING LEAVE TO AMEND; Thirty (30) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2017. (Attachments: # 1 Amended Complaint Form)(Sant Agata, S)

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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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Plaintiff,

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v.

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G. JAIME, et al.,

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Case No. 1:16-cv-00715-BAM (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND GRANTING LEAVE TO
AMEND
(ECF No. 26)

Defendants.

THIRTY (30) 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 action under 42 U.S.C. § 1983. Plaintiff initiated this action on 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. Plaintiff did not file an amended

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complaint. On September 28, 2017, the Court issued an order to show cause why this action

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should not be dismissed for failure to state a claim, failure to obey a court order, and failure to

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prosecute. (ECF No. 26.)

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Currently before the Court is Plaintiff’s response to the show cause order, filed on October

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6, 2017. (ECF No. 27.) Plaintiff states that on July 11, 2017, he was transported to Kern Valley

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State Prison and placed in the Administrative Segregation Unit. All of his personal and legal
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property was stored at Salinas Valley State Prison while Plaintiff testified as a witness in Kern

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County Superior Court. Plaintiff states he did not have his legal property to communicate with

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the Court, nor did he receive any mail from the Court at this time. Plaintiff states that he only

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received the Court’s June 20, 2017 order and the September 28, 2017 show cause order, but he

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never received the Court’s June 21, 2017 screening order. Plaintiff attaches copies of the two

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orders he received. (Id.)

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The order to show cause issued on September 28, 2017, (ECF No. 26), is

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DISCHARGED;

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2. The Clerk’s Office shall send to Plaintiff a civil rights complaint form;

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3. The Clerk’s Office shall send to Plaintiff a copy of the Court’s June 21, 2017

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screening order dismissing the third amended complaint for failure to state a

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cognizable claim and granting leave to amend (ECF No. 25);

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4. Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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fourth amended complaint or a notice of voluntary dismissal; and
5. If Plaintiff fails to file an amended complaint in compliance with this order and

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the Court’s June 21, 2017 screening order, the Court will dismiss this action, with

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prejudice, for failure to state a claim and failure to obey court orders.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 10, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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