Jeys v. King, et al.

Filing 13

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)

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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.,
Defendants.

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)

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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.) Plaintiff did not file an amended complaint or

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otherwise respond to the Court’s 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.)

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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
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issued an order extending the show cause order and providing Plaintiff with additional time to file

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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. 11.) On September 7, 2017, Plaintiff filed a first amended complaint. (ECF No.

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12.)

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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 August 14, 2017 order to show

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cause, (ECF No. 9), is HEREBY DISCHARGED. The Court advises Plaintiff that his first

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amended 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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