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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW ALLEN, 12 Plaintiff, 13 14 v. S. HUBBARD, et al., 15 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) 16 TWENTY (20) DAY DEADLINE 17 Plaintiff Matthew Allen (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on 20 November 18 2016. (ECF No. 1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF 21 No. 6.) 22 On June 8, 2017, the Court issued an order striking Plaintiff’s unsigned complaint and 23 requiring Plaintiff to file a signed complaint within thirty (30) days. (ECF No. 13.) The Court 24 expressly warned Plaintiff that the failure to file an amended complaint in compliance with the 25 Court’s order would result in this action being dismissed, with prejudice, for failure to state a 26 claim, failure to prosecute, and failure to obey a court order. (Id. at 2.) The deadline for Plaintiff 27 to file an amended complaint has passed, and he has not complied with or otherwise responded to 28 the Court’s order. 1 1 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within 2 twenty (20) 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 8, 2017 order, for failure to state a claim, and for 4 failure to prosecute. Plaintiff can comply with this order to show cause by filing an amended 5 complaint. The failure to comply with this order will result in the dismissal of this action, 6 with prejudice, for failure to state a claim, failure to obey a court order, and failure to 7 prosecute. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara July 19, 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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