Michael Jacobsen v. Pool

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 re 8 , signed by Magistrate Judge Barbara A. McAuliffe on 7/24/17. Show Cause Response Due Within Twenty Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JACOBSEN, 12 Plaintiff, 13 14 v. KIRK POOL, 15 Case No. 1:16-cv-01760-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 Defendant. (ECF No. 8) 16 TWENTY (20) DAY DEADLINE 17 Plaintiff Michael Jacobsen (“Plaintiff”) is a former pretrial detainee proceeding pro se and 18 19 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this 20 action on November 21, 2016. (ECF No. 1.) Plaintiff has consented to magistrate judge 21 jurisdiction. (ECF No. 4.) 22 On June 13, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to 23 amend within thirty (30) days. (ECF No. 8.) The Court expressly warned Plaintiff that the failure 24 to file an amended complaint in compliance with the Court’s order would result in this action 25 being dismissed, with prejudice, for failure to obey a court order and failure to state a claim. (Id. 26 at 5.) The deadline for Plaintiff to file an amended complaint has passed, and he has not 27 complied with the Court’s order. 28 /// 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 13, 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. 5 The failure to comply with this order will result in the dismissal of this action, with 6 prejudice, for failure to state a claim, failure to obey a court order, and failure to prosecute. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara July 24, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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