Michael Jacobsen v. Pool

Filing 17

ORDER Discharging 13 Order to Show Cause, signed by Magistrate Judge Barbara A. McAuliffe on 9/11/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACOBSEN,

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Plaintiff,
v.
KIRK POOL, et al.,
Defendants.

Case No. 1:16-cv-01760-BAM (PC)
ORDER DISCHARGING ORDER 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. 13)

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Plaintiff Michael Jacobsen (“Plaintiff”) is a pretrial detainee proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on November 21, 2016. (ECF No. 1.) Plaintiff has consented to magistrate judge

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jurisdiction. (ECF No. 4.)

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On June 13, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to

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amend within thirty (30) days. (ECF No. 8.) On July 10, 2017, Plaintiff filed a notice of change

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of address, and requested that the Court send him any deadlines in his pending cases. (ECF No.

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9.) On July 14, 2017, the Court granted Plaintiff’s request for status of case, reminding Plaintiff

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of the screening order issued on June 13, 2017, and the deadline of July 17, 2017 for the filing of

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Plaintiff’s first amended complaint. (ECF No. 10.)

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On July 20, 2017, Plaintiff’s address was updated pursuant to a notice of change of
address filed in Jacobsen v. People of the State of California, Case No. 1:14-cv-108. (ECF No.
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11.) Accordingly, the Court ordered the Clerk of the Court to re-serve the Court’s July 14, 2017

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order. (ECF No. 12.)

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On July 25, 2017, after Plaintiff failed to timely file a first amended complaint, the Court

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issued an order to show cause why this action should not be dismissed, with prejudice, for failure

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to state a claim, failure to obey a court order, and failure to prosecute. (ECF No. 13.) Plaintiff

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was directed to respond or file a first amended complaint within twenty (20) days. (Id.)
On August 24, 2017, Plaintiff’s address was updated, again pursuant to a notice of change

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of address filed in Case No. 1:14-cv-00108 JLT (PC). (ECF No. 14.) Accordingly, the Court

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issued an order extending the show cause order and providing Plaintiff with a final opportunity to

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file a first amended complaint or a response stating why he was unable to do so, within thirty (30)

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days. (ECF No. 15.) On September 5, 2017, Plaintiff filed a first amended complaint. (ECF No.

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16.)

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Based on the filing of Plaintiff’s first amended complaint, the Court finds good cause to

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discharge the order to show cause. Accordingly, the Court’s July 25, 2017 order to show cause,

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(ECF No. 13), is HEREBY DISCHARGED. The Court advises Plaintiff that his first amended

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complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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