Gerald Wright v. D. Davey et al
ORDER to SHOW CAUSE why Case Should not be Dismissed for Failure to Follow Court Order and Failure to Prosecute signed by Magistrate Judge Gary S. Austin on 10/20/2017. Show Cause Response due by 11/6/2017.(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
D. DAVEY, et al.,
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO FOLLOW COURT ORDER
AND FAILURE TO PROSECUTE
(ECF No. 13.)
Gerald Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2016, Plaintiff filed
the Complaint commencing this action at the United States District Court for the Central
District of California. (ECF No. 1.) On December 15, 2016, Plaintiff’s case was transferred to
On December 30, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this
action pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF
No. 8.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of
California, the undersigned shall conduct any and all proceedings in the case until such time as
reassignment to a District Judge is required. Local Rule Appendix A(k)(3).
On August 31, 2017, the court screened the Complaint and issued an order dismissing
the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No.
13.) The thirty-day deadline has passed, and Plaintiff has not filed an amended complaint or
otherwise responded to the court’s order.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this
action should not be dismissed for failure to follow a court order and failure to prosecute.
Plaintiff must file a response to this order within fourteen (14) days. Plaintiff may also
comply by filing a response to the August 31, 2017, order.
Failure to follow this order will result in dismissal of this action.
IT IS SO ORDERED.
October 20, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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