Jeys v. King, et al.
ORDER DISCHARGING 9 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 signed by Magistrate Judge Barbara A. McAuliffe on 9/11/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARTHELL DAVID JEYS,
AUDRY KING, et al.,
Case No. 1:16-cv-01913-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. 9)
Plaintiff Carthell David Jeys (“Plaintiff”) is a civil detainee proceeding pro se and in
forma pauperis in this civil rights action. Plaintiff initiated this action on December 23, 2016.
(ECF No. 1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF No. 4.)
On July 5, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to
amend within thirty (30) days. (ECF No. 8.) Plaintiff did not file an amended complaint or
otherwise respond to the Court’s order.
On August 14, 2017, the Court ordered Plaintiff 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. 9.) Plaintiff was directed to file a first amended complaint or respond to the order
within twenty (20) days. (Id.)
On August 21, 2017, Plaintiff filed a document entitled “Amendant [sic] per Court
Order.” (ECF No. 10.) As the document was nonresponsive to the Court’s order, the Court
issued an order extending the show cause order and providing Plaintiff with additional time to file
a first amended complaint or a response stating why he was unable to do so, within thirty (30)
days. (ECF No. 11.) On September 7, 2017, Plaintiff filed a first amended complaint. (ECF No.
Based on the filing of Plaintiff’s first amended complaint, the Court finds good cause to
discharge the order to show cause. Accordingly, the Court’s August 14, 2017 order to show
cause, (ECF No. 9), is HEREBY DISCHARGED. The Court advises Plaintiff that his first
amended complaint will be screened in due course.
IT IS SO ORDERED.
September 11, 2017
UNITED STATES MAGISTRATE JUDGE
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