Cunha v. California Forensic Medical Group et al

Filing 19

ORDER Discharging 17 Order to Show Cause signed by Magistrate Judge Michael J. Seng on 08/02/2017. (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 JAMES ALFRED CUNHA, 12 13 14 15 16 Plaintiff, CASE NO. 1:17-cv-00094-DAD-MJS (PC) ORDER DISCHARGING SHOW CAUSE ORDER TO v. (ECF No. 17) CALIFORNIA FORENSIC MEDICAL GROUP, et al., Defendants. 17 18 19 Plaintiff is a county jail inmate proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. 20 On May 16, 2017, the Court screened Plaintiff’s first amended complaint and 21 found it stated no cognizable claims. (ECF No. 13.) Plaintiff was directed to file an 22 amended complaint or a notice of voluntary dismissal within thirty days. (Id.) On June 9, 23 2017, Plaintiff filed a “motion to file an appeal.” (ECF No. 14.) Unsure of what relief 24 Plaintiff sought to with this filing, the Court on June 19, 2017 directed Plaintiff to file, 25 within fourteen days, an amended complaint, a motion for reconsideration, a notice of 26 appeal, or a statement of intent to stand on his first amended complaint. (ECF No. 16.) 27 Plaintiff failed to respond within the time ordered. On July 14, 2017, the Court issued an 28 Order for Plaintiff to show cause why the action should not be dismissed for failure to 1 prosecute, failure to obey a Court order, and failure to state a claim. (ECF No. 17.) On 2 July 24, 2017, Plaintiff filed his second amended civil rights complaint. (ECF No. 18.) 3 Having received Plaintiff’s second amended civil rights complaint, the Court will 4 discharge the Order to show cause, and will screen Plaintiff’s first amended complaint in 5 due course. 6 7 Based on the foregoing, the Order to show cause (ECF No. 17) is HEREBY DISCHARGED. 8 9 10 IT IS SO ORDERED. Dated: August 2, 2017 /s/ 11 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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