Allen v. Hubbard et al

Filing 14

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 7/19/2017. Show Cause Response due within twenty (20) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW ALLEN,

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Plaintiff,

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v.
S. HUBBARD, et al.,

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Case No. 1:16-cv-01751-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. 13)

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TWENTY (20) DAY DEADLINE

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Plaintiff Matthew Allen (“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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November 18 2016. (ECF No. 1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF

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No. 6.)

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On June 8, 2017, the Court issued an order striking Plaintiff’s unsigned complaint and

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requiring Plaintiff to file a signed complaint within thirty (30) days. (ECF No. 13.) The Court

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expressly warned Plaintiff that the failure to file an amended complaint in compliance with the

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Court’s order would result in this action being dismissed, with prejudice, for failure to state a

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claim, failure to prosecute, and failure to obey a court order. (Id. at 2.) The deadline for Plaintiff

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to file an amended complaint has passed, and he has not complied with or otherwise responded to

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the Court’s order.
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Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within

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twenty (20) days of service of this order, why this action should not be dismissed, with prejudice,

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for failure to comply with the Court’s June 8, 2017 order, for failure to state a claim, and for

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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

July 19, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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