Allen v. Hubbard et al
ORDER REGARDING Plaintiff's 10 Response to Order to Show Cause; ORDER DIRECTING Plaintiff to File a First Amended Complaint within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 8/24/2017. (Attachments: # 1 Amended Complaint Form)(Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARTHELL DAVID JEYS,
AUDRY KING, et al.,
Case No. 1:16-cv-01751-BAM (PC)
ORDER REGARDING PLAINTIFF’S
RESPONSE TO ORDER TO SHOW CAUSE
(ECF No. 10)
ORDER DIRECTING PLAINTIFF TO FILE A
FIRST AMENDED COMPLAINT WITHIN
THIRTY (30) DAYS
Plaintiff Carthell David Jeys (“Plaintiff”) is a civil detainee proceeding pro se and in
forma pauperis in this civil rights action. Plaintiff initiated this action on December 23, 2016.
(ECF No. 1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF No. 4.)
On July 5, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to
amend within thirty (30) days. (ECF No. 8.) The Court expressly warned Plaintiff that the failure
to file an amended complaint in compliance with the Court’s order would result in this action
being dismissed, with prejudice, for failure to obey a court order and failure to state a claim. (Id.
at 7.) Plaintiff did not file an amended complaint or otherwise respond to the Court’s July 5,
On August 14, 2017, the Court ordered Plaintiff to show cause why this action should not
be dismissed for failure to state a claim, failure to obey a court order, and failure to prosecute.
(ECF No. 9.) Plaintiff was directed to file a first amended complaint or respond to the order
within twenty (20) days. (Id.) The Court’s order again warned Plaintiff that failing to timely
respond would result in dismissal of this action, with prejudice. (Id.)
On August 21, 2017, Plaintiff filed a document entitled “Amendant [sic] per Court
Order.” (ECF No. 10.) This document, though difficult to understand, appears to indicate that
Plaintiff received the Court’s order directing him to file an amended complaint in this action.
Plaintiff then appears to set forth factual allegations related to the allegations pled in the original
complaint. Plaintiff has not used a standard complaint form, does not list any defendants, and
fails to request any form of relief. (Id.)
Plaintiff’s filing is not responsive to the Court’s order which directed Plaintiff to file a
first amended complaint or to show cause why he has been unable to do so. Therefore, the Court
will not discharge the order to show cause issued on August 14, 2017. The Court will provide
Plaintiff additional time to file a first amended complaint or a response stating why he is unable to
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk’s Office shall send Plaintiff a complaint form;
2. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first
amended complaint; and
3. If Plaintiff fails to file an amended complaint in compliance with this order, this
action will be dismissed, with prejudice, for failure to obey a court order, failure
to state a claim, and failure to prosecute.
IT IS SO ORDERED.
August 24, 2017
UNITED STATES MAGISTRATE JUDGE
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