Jeys v. King, et al.

Filing 11

ORDER Regarding Plaintiff's Response to Order to Show Cause; ORDER Directing Plaintiff to File a First Amended Complaint within Thirty Days signed by Magistrate Judge Barbara A. McAuliffe on 08/28/2017. (Attachments: # 1 Amended Complaint Form)(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARTHELL DAVID JEYS,

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Plaintiff,
v.
AUDRY KING, et al.,

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Defendants.

Case No. 1:16-cv-01913-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

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Plaintiff Carthell David Jeys (“Plaintiff”) is a civil detainee proceeding pro se and in

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forma pauperis in this civil rights action. Plaintiff initiated this action on December 23, 2016.

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(ECF No. 1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF No. 4.)

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On July 5, 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.) The Court expressly warned Plaintiff that the failure

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to file an amended complaint in compliance with the Court’s order would result in this action

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being dismissed, with prejudice, for failure to obey a court order and failure to state a claim. (Id.

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at 7.) Plaintiff did not file an amended complaint or otherwise respond to the Court’s July 5,

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2017 order.

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On August 14, 2017, the Court ordered Plaintiff to show cause why this action should not

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be dismissed for failure to state a claim, failure to obey a court order, and failure to prosecute.

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(ECF No. 9.) Plaintiff was directed to file a first amended complaint or respond to the order
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within twenty (20) days. (Id.) The Court’s order again warned Plaintiff that failing to timely

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respond would result in dismissal of this action, with prejudice. (Id.)
On August 21, 2017, Plaintiff filed a document entitled “Amendant [sic] per Court

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Order.” (ECF No. 10.) This document, though difficult to understand, appears to indicate that

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Plaintiff received the Court’s order directing him to file an amended complaint in this action.

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Plaintiff then appears to set forth factual allegations related to the allegations pled in the original

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complaint. Plaintiff has not used a standard complaint form, does not list any defendants, and

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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

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first amended complaint or to show cause why he has been unable to do so. Therefore, the Court

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will not discharge the order to show cause issued on August 14, 2017. The Court will provide

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Plaintiff additional time to file a first amended complaint or a response stating why he is unable to

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do so.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk’s Office shall send Plaintiff a complaint form;

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2. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first

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amended complaint; and

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3. If Plaintiff fails to file an amended complaint in compliance with this order, this

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action will be dismissed, with prejudice, for failure to obey a court order, failure

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to state a claim, and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 28, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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