Jones v. Sherman et al

Filing 16

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, signed by Magistrate Judge Barbara A. McAuliffe on 08/2/17. Show Cause Response due (14-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 WILLIAM JONES, 13 Plaintiff, 14 15 v. STUART SHERMAN, et al., 16 Defendants. 17 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01378-DAD-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 (ECF No. 14) FOURTEEN-DAY DEADLINE 19 20 Plaintiff William Jones (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 21 action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 22 pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. On June 20, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to 23 24 amend within thirty (30) days. (ECF No. 14.) The Court expressly warned Plaintiff that the failure to 25 file an amended complaint in compliance with the Court’s order would result in this action being 26 dismissed. (Id. at 14.) The deadline for Plaintiff to file an amended complaint has passed, and he has 27 not complied with or otherwise responded to the Court’s order. 28 /// 1 1 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within 2 fourteen (14) days of service of this order, why this action should not be dismissed, with prejudice, 3 for failure to comply with the Court’s June 20, 2017 order, failure to state a claim, and failure to 4 prosecute. Plaintiff can comply with this order to show cause by filing an amended complaint. The 5 failure to comply with this order will result in the dismissal of this action, with prejudice, for 6 failure to state a claim, failure to obey a court order, and failure to prosecute. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara August 2, 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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