Gerald Wright v. D. Davey et al

Filing 14

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD WRIGHT, 12 Plaintiff, 13 14 vs. D. DAVEY, et al., 15 1:16-cv-01881-GSA-PC ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO FOLLOW COURT ORDER AND FAILURE TO PROSECUTE (ECF No. 13.) Defendants. FOURTEEN-DAY DEADLINE 16 17 18 I. BACKGROUND 19 Gerald Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2016, Plaintiff filed 21 the Complaint commencing this action at the United States District Court for the Central 22 District of California. (ECF No. 1.) On December 15, 2016, Plaintiff’s case was transferred to 23 this court. 24 On December 30, 2016, Plaintiff consented to Magistrate Judge jurisdiction in this 25 action pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF 26 No. 8.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of 27 California, the undersigned shall conduct any and all proceedings in the case until such time as 28 reassignment to a District Judge is required. Local Rule Appendix A(k)(3). 1 1 On August 31, 2017, the court screened the Complaint and issued an order dismissing 2 the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No. 3 13.) The thirty-day deadline has passed, and Plaintiff has not filed an amended complaint or 4 otherwise responded to the court’s order. 5 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this 6 action should not be dismissed for failure to follow a court order and failure to prosecute. 7 Plaintiff must file a response to this order within fourteen (14) days. Plaintiff may also 8 comply by filing a response to the August 31, 2017, order. 9 Failure to follow this order will result in dismissal of this action. 10 11 12 13 IT IS SO ORDERED. Dated: October 20, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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