Maciel v. CDCR, et al.

Filing 21

ORDER DISCHARGING 20 Order to Show Cause, signed by Magistrate Judge Michael J. Seng on 8/7/17. (Marrujo, C)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

ARMANDO MACIEL,

13
14
15
16

Plaintiff,

CASE NO. 1:16-cv-00996-DAD-MJS (PC)
ORDER DISCHARGING
SHOW CAUSE

ORDER

TO

v.
(ECF No. 20)
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

17
18

Defendants.

19
20
21
22
23
24
25
26
27
28

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.
On March 23, 2017, the Court screened Plaintiff’s first amended civil rights
complaint and dismissed it with leave to amend within thirty days. (ECF No. 13.) Plaintiff
requested (ECF Nos. 14 & 16) and was granted (ECF Nos. 15 & 17) two thirty-day
extensions of time to file his second amended complaint, most recently on June 20,
2017. As of August 3, 2017, the Court had not received Plaintiff’s amended complaint.
Therefore, on that date, the Court issued an Order for Plaintiff to show cause why his
action should not be dismissed for failure to prosecute, failure to obey a Court order, and

1

failure to state a claim. (ECF No. 20.)

Plaintiff’s second amended complaint was

2

contemporaneously filed with the Court. (ECF No. 19.)

3

Having received Plaintiff’s second amended civil rights complaint, the Court will

4

discharge the Order to show cause, and will screen Plaintiff’s amended complaint in due

5

course.

6
7

Based on the foregoing, the Order to show cause (ECF No. 20) is HEREBY
DISCHARGED.

8
9
10

IT IS SO ORDERED.
Dated:

August 7, 2017

/s/

11

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2