Crosby v. Hashemi et al

Filing 13

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed, With Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute 12 , signed by Magistrate Judge Barbara A. McAuliffe on 10/2/17: 21-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN M. CROSBY,

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Plaintiff,
v.
DR. NASTRAN HASHEMI, et al.,

Case No. 1:16-cv-01264-BAM (PC)
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM, FAILURE TO OBEY A
COURT ORDER, AND FAILURE TO
PROSECUTE

Defendants.
(ECF No. 12)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff Steven M. Crosby (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff initiated this action on August 26, 2016. (ECF No.

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1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF No. 10.)

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On June 20, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to

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amend within thirty (30) days. (ECF No. 12.) The Court expressly warned Plaintiff that the

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failure to file an amended complaint in compliance with the Court’s order would result in this

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action being dismissed, with prejudice, for failure to obey a court order, failure to state a claim

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and failure to prosecute. (Id. at 10.) The deadline for Plaintiff to file an amended complaint has

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passed, and he has not complied with the Court’s order.

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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within
twenty-one (21) days of service of this order, why this action should not be dismissed, with
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prejudice, for failure to comply with the Court’s June 20, 2017 order, failure to state a claim, and

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failure to prosecute. Plaintiff can comply with this order to show cause by filing an amended

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complaint. The failure to comply with this order will result in the dismissal of this action,

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with prejudice, for failure to state a claim, failure to obey a court order, and failure to

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prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 2, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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