McKay v. California Department of Corrections et al

Filing 10

ORDER to SHOW CAUSE why this Action Should not be Dismissed, with Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 07/24/2017. (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 JONATHAN McKAY, 12 13 14 15 16 Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE (ECF No. 9) TWENTY (20) DAY DEADLINE 17 18 Case No. 1:17-cv-00565-BAM (PC) Plaintiff Jonathan McKay (“Plaintiff”) is a former state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this 20 action on April 21, 2017. (ECF No. 1.) 21 On June 14, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to 22 amend within thirty (30) days. (ECF No. 9.) The Court expressly warned Plaintiff that the failure 23 to file an amended complaint in compliance with the Court’s order would result in this action 24 being dismissed, with prejudice, for failure to obey a court order and failure to state a claim. (Id. 25 at 12.) The deadline for Plaintiff to file an amended complaint has passed, and he has not 26 complied with or otherwise responded to the Court’s order. 27 28 Accordingly, it is HEREBY ORDERED that Plaintiff shall show cause in writing, within twenty (20) days of service of this order, why this action should not be dismissed, with prejudice, 1 1 for failure to comply with the Court’s June 14, 2017 order, failure to state a claim, and failure to 2 prosecute. Plaintiff can comply with this order to show cause by filing an amended complaint. 3 The failure to comply with this order will result in the dismissal of this action, with 4 prejudice, for failure to state a claim, failure to obey a court order, and failure to prosecute. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara July 24, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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